HR Memos to Managers

HR Memos

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to Managers 81 Concise, Customizable Training Handouts for Your Supervisors

From the editors of The HR Specialist MTM-B

Introduction

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mployees are often dropped into managerial roles based on the quality of their actual work, not on their ability to manage. The problem: The skills needed to perform a job usually are completely different from the skills needed to supervise employees performing that same job. That’s why it’s vital for every manager to receive regular training on managerial skills. But who has the time and budget for that? That’s where HR Memos to Managers, Vol. 1 comes into play. The Memos will help your managers hire the best employees, communicate effectively with staff, conduct smart performance reviews, coach and motivate for improved performance and make any kind of employment decision in an effective, legally safe way. These Memos have been written directly for managers by a team of experts at Business Management Daily, which publishes The HR Specialist series of newsletters, books and online resources (www. theHRSpecialist.com).

In addition to serving as a time-efficient training tool, HR Memos to Managers, Vol. 1 can play a key role in your legal defense. If your organization faces an employment lawsuit, the court will want to see if you’ve made a “good faith” effort to train managers

Editor Kathy Shipp

Editorial Director Patrick DiDomenico

Access these memos online To make it easier to circulate these Memos— and customize them for your organization’s needs—you can download Word versions of all our HR Memos to Managers at this website: www.theHRSpecialist.com/HRMemos.

on sexual harassment, discrimination, retaliation, FMLA, etc. These Memos offer a simple, quick way to provide that training. (Tip: It’s wise to document when—and to whom—you distribute each Memo.) How should you use the Memos? It’s up to you. Send one each week to managers via email as part of a “Manager’s Minute” update … Sprinkle them into a company newsletter to managers … Batch them together as part of a more formal training session … Or give managers the table of contents and encourage them to read or download a Memo anytime a pertinent issue arises.

Phillip A. Ash

Publisher

Associate Publisher Adam Goldstein

Publisher Phillip A. Ash

© 2013, 2008, Business Management Daily, a division of Capitol Information Group, Inc., 7600A Leesburg Pike, West Building, Suite 300, Falls Church, VA 22043-2004. Phone: (800) 543-2055; www.BusinessManagementDaily.com. All rights reserved. This report may not be reproduced or copied in any form (except by the original purchaser for training purposes) without written permission from the publisher. Printed in U.S.A. ISBN 1-880024-73-X This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, please seek the services of a competent professional. For more information on manager training, visit www.theHRSpecialist.com.

Contents 1. Employment Law–Basic Training FMLA, ADA, FLSA and more: The 10 employment laws every manager should know....................MM01 What managers need to know about the FMLA.................................................................................MM02 What managers need to know about the ADA....................................................................................MM03 What managers need to know about age discrimination...................................................................MM04 What managers need to know about sexual harassment...................................................................MM05 What managers need to know about pregnant employees................................................................MM06

2. Employee Lawsuit Risks Dirty Dozen: 12 manager mistakes that spark lawsuits......................................................................MM07 Review wording of job ads for traces of bias.......................................................................................MM08 Don’t ‘oversell’ the job; oral promises can bind you..........................................................................MM09 Interview notes can be a binding contract..........................................................................................MM10 25 off-limits interview questions.........................................................................................................MM11 Beware of disability-rights law during job interviews........................................................................MM12 Talking the talk: Be careful with these 5 ‘lightning rod’ terms..........................................................MM13 Draw the line between ‘tough talk’ and harassment..........................................................................MM14 It’s every manager’s duty to take harassment complaints.................................................................MM15 How to prevent religious discrimination at work...............................................................................MM16 Inappropriate nicknames can lead to bias lawsuits...........................................................................MM17 New retaliation rules: What managers need to know........................................................................MM18 6 employment law lessons from the courts.........................................................................................MM19

3. Hiring/Interviewing Top 7 reasons why the wrong people get hired..................................................................................MM20 How to write effective, legal job descriptions.....................................................................................MM21 Pre-interview phone calls: 6 do’s and don’ts......................................................................................MM22 Improving applicant interviews: 10 do’s and don’ts..........................................................................MM23 When interviewing applicants, beware these red flags......................................................................MM24 4 ways to spot job-interview liars........................................................................................................MM25 Ignore job applicants’ claims of ‘good health’....................................................................................MM26 Steer the interview back on track if applicant strays..........................................................................MM27 Don’t show your cards before making a hiring decision...................................................................MM28 25 good interview questions to ask … and 8 to avoid.........................................................................MM29 Extract golden nuggets from reluctant references..............................................................................MM30 Close the sale by conveying the right message...................................................................................MM31 5 ways to fight new-hire no-shows......................................................................................................MM32

4. Performance Reviews How to conduct positive, valuable assessments.................................................................................MM33 Use performance logs to simplify employee reviews.........................................................................MM34 How to measure an employee’s ‘intangible’ traits.............................................................................MM35 5 warning signs of performance-review problems.............................................................................MM36 Avoid phrases that can sabotage job-review meetings......................................................................MM37 Male managers: Don’t ‘lighten up’ on females’ reviews....................................................................MM38 4 steps to help employees reach their peak performance..................................................................MM39 Writing reviews: Steer clear of two common errors...........................................................................MM40

Access Memos Online: Download Word versions of all the HR Memos to Managers, Vol. 1 at www.theHRSpecialist.com/HRMemos.

5. Communication The best managers are the best listeners: 4 steps...............................................................................MM41 Setting deadlines for employees: 4 do’s and don’ts...........................................................................MM42 6 ways to help employees do their best each day...............................................................................MM43 Listen for subtle whispers of employee turnover...............................................................................MM44 7 common employee gripes (and how to silence them)....................................................................MM45 8 little things managers can do to retain the best...............................................................................MM46 Confronting poor performers: 6 tips for managers.............................................................................MM47 Helping employees accept change in the workplace: It’s all about the 4 C’s...................................MM48 15 questions to ask employees in their first 60 days...........................................................................MM49

6. Coaching and Motivating The 8 steps to a successful coaching discussion.................................................................................MM50 How to counsel employees with attitude problems...........................................................................MM51 How to identify (and reverse) employee disengagement..................................................................MM52 How to counsel employees who have personal problems.................................................................MM53 Use the right words when pointing people to employee assistance programs................................MM54 7 ways to get the most out of Millennial employees...........................................................................MM55 5 simple ways to salvage a ‘below-standard’ employee.....................................................................MM56

7. Management Skills 8 steps to becoming the manager your employees need...................................................................MM57 Improve your time management: 6 tips for managers.......................................................................MM58 Are you a micromanager? Control the process, not the people........................................................MM59 7 tips for documenting employee discipline.......................................................................................MM60 Is your employee discipline fair? A 5-question self-test....................................................................MM61 Don’t let opinions of employees cloud your decisions......................................................................MM62 Cut turnover by identifying disenchanted workers............................................................................MM63 Know best days of the week to hire, fire and do evaluations.............................................................MM64 How your management style can stop workplace violence...............................................................MM65 Employee fraud: Know whom (and what) to look out for..................................................................MM66 How to master the art of effective delegating.....................................................................................MM67

8. Managing Difficult Situations 6 steps for managing ‘difficult’ employees..........................................................................................MM68 Negotiating workplace conflicts: 9 tips for managers........................................................................MM69 Identify employees with substance-abuse problems.........................................................................MM70 How to cope with seriously ill employees...........................................................................................MM71 What to do when an employee is too friendly....................................................................................MM72 Prevent ‘cubicle rage’: 6 ways to calm angry staff..............................................................................MM73 Help employees through the grieving process...................................................................................MM74 Responding to employee rants: 4 do’s and don’ts..............................................................................MM75 Worried about a new hire? 7 ‘salvage operation’ tips........................................................................MM76

9. Terminations What to ask employees during exit interviews....................................................................................MM77 Choose ‘firing words’ carefully; stick to performance........................................................................MM78 4 lousy excuses for not firing a poor performer..................................................................................MM79 Keep workers productive after two weeks’ notice..............................................................................MM80 Steer clear of these 7 red flags before you terminate..........................................................................MM81 Access Memos Online: Download Word versions of all the HR Memos to Managers, Vol. 1 at www.theHRSpecialist.com/HRMemos.

Memo to Managers Re: Employment Law–Basic Training

FMLA, ADA, FLSA and more: The 10 employment laws every manager should know

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vertime pay. Discrimination. Family leave. Harassment ... Federal employment laws govern all these issues—and many more— that you deal with at some point in your career. It’s important for supervisors and managers to know the basics of how to comply with those laws. Here’s a list of the top 10 most important federal employment laws: 1. Job discrimination. Title VII of the Civil Rights Act of 1964 prohibits you from discriminating in hiring, firing or pay based on a person’s race, religion, sex or national origin. It also prohibits sexual harassment. (Resource: www.eeoc.gov) Action: Treat all employees and applicants equally, without regard to their race, religion, gender or any other characteristics not related to job performance. Demand the same from anyone you supervise, and don’t tolerate any kind of harassment. 2. Overtime/minimum wage. The Fair Labor Standards Act (FLSA) is the nation’s main wage law. It sets the federal minimum wage (many states have higher minimums) and requires time-and-a-half overtime pay for hourly employees who work more than 40 hours in a workweek. The FLSA also limits the hours and type of duties that teens can work. (Resource: www.dol.gov/dol/topic/wages)

or a sick child, spouse or parent who has a “serious health condition.” The FMLA applies to organizations with 50 or more employees. (Resource: www.dol.gov/whd/fmla/index. htm) Action: When employees request leave, listen for requests that would meet the FMLA criteria. Employees don’t need to use the words “FMLA leave” to gain protection under the law. Contact HR when hearing such requests. 4. Age discrimination. The Age Discrimi nation in Employment Act says you can’t discriminate in any way against applicants or employees older than 40 because of their age. (Resource: www.eeoc.gov/laws/types/age. cfm) Action: Never take a person’s age or proximity to retirement into account when making decisions on hiring, firing, pay, benefits or promotions. 5. Disability discrimination. The Ameri cans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities (i.e., those who can perform the job’s essential functions with or without a reasonable accommodation). (Resource: www. eeoc.gov/laws/types/disability.cfm)

Action: Always pay employees above the minimum wage, and pay overtime when applicable. Contact HR when making major changes to employees’ duties, which could make the employee eligible or ineligible for overtime pay.

Action: Never immediately reject applicants because you think their disability would prevent them from doing the job. When hiring, stick to questions about the applicant’s ability to perform the job’s essential functions; don’t ask questions that would reveal an applicant’s disability. Work with HR to help create reasonable accommodations for disabled employees.

3. Family leave. The Family and Medical Leave Act (FMLA) says eligible employees— those with at least a year of service—can take up to 12 weeks per year of unpaid, job- protected time off for the birth, adoption or foster care of a child, or to care for themselves

6. Military leave. The Uniformed Services Employment and Reemployment Rights Act (USERRA) makes it illegal to discriminate against employees who volunteer or are called to military duty. When reservists return from active-duty tours of less than five years, you

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must reemploy them to their old jobs or to equal jobs. (Resource: www.dol.gov/vets/ programs/userra) Action: Don’t challenge a returning reservist’s bid to get his or her old job back; courts typically side with employees in USERRA disputes. 7. Gender pay differences. The Equal Pay Act (EPA) says employers can’t pay female employees less than male employees for equal work on jobs that require equal skill, effort and responsibility and are performed under similar working conditions. (Resource: www.eeoc. gov/laws/statutes/epa.cfm) Action: Review department pay scales to identify possible equal-pay complaints. Differ ent pay for the same job title is fine as long as you can point to varying levels of responsibility, duties, skill requirements or education requirements. 8. Workplace safety. The Occupational Safety and Health Act (OSHA) requires employers to run a business free from recognized hazards. (Resource: www.osha.gov) Action: Provide a safe work environment for your staff, and point out any noticeable haz-

ards or potential safety problems as soon as possible. 9. Pregnancy discrimination. The Preg nancy Discrimination Act (PDA) prohibits job discrimination on the basis of “pregnancy, childbirth and related medical conditions.” You can’t deny a job or promotion merely because an employee is pregnant or had an abortion. She can’t be fired for her condition or forced to go on leave. (Resource: www.eeoc. gov/laws/statutes/pregnancy.cfm) Action: Treat pregnant employees the same as other employees on the basis of their ability or inability to work. Example: If you provide light duty for an employee who can’t lift boxes because of a bad back, you must make similar arrangements for a pregnant employee. 10. Immigration. The Immigration Reform and Control Act (IRCA) makes it illegal to hire and employ illegal immigrants. Employers must verify identification and workplace eligibility for all hires by completing I-9 Forms. (Resource: www.uscis.gov) Action: Managers should note that it’s still illegal to discriminate against illegal aliens— via harassment or subminimum pay—even if the illegal immigrant is hired inadvertently.

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What managers need to know about the FMLA

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hen employees request time off because of a health condition or to care for a family member’s health problem, you need to know whether that leave could qualify under the Family and Medical Leave Act (FMLA). The 1993 law allows qualified employees to take up to 12 weeks of unpaid leave each year for the birth, adoption or foster care of a child, to care for their own “serious” health condition or to care for an immediate family member who has a “serious” condition. Employees don’t specifically need to cite the law or say they need “FMLA leave.” It’s your responsibility as the employer to identify leave requests that could qualify as jobprotected FMLA leave. If you suspect a leave request could qualify, you should notify HR right away. Here are more specifics on the law:

Which employees are eligible? To be eligible for unpaid leave, employees must have worked here for at least 12 months and logged at least 1,250 hours of service (slightly more than 24 hours per week).

How much leave is allowed? Eligible employees can take up to 12 weeks of unpaid, job-protected leave during a 12-month period. The law refers to unpaid leave; it doesn’t require paid leave during those 12 weeks. Eligible leave doesn’t have to come in oneweek or even one-day chunks. The law allows some employees to take “intermittent” FMLA leave, which can be for one hour or less. The FMLA does permit employees to elect (or employers to require the employee) to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period.

What’s an ‘illegal’ manager action? You can’t prohibit eligible employees from taking FMLA leave. Nor are you allowed to consider FMLA leave as a negative factor in any employment action, such as hiring, firing, promotion or discipline. You also can’t punish employees for complaining about a violation of the law. After FMLA leave is over, employees must be able to return to the same or an equivalent position with equal pay, benefits and perks. The new position must involve the same or substantially similar duties, responsibilities and authority as the pre-leave position. Employees on FMLA leave continue to earn health benefits.

What reasons qualify for leave? Qualified employees are allowed to take FMLA leave for any of these reasons: Child care. To care for the employee’s child after birth, adoption or foster care. (Both women and men can take FMLA leave for birth and adoption.)

The FMLA at a glance FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for the following reasons: • Care for the employee’s child after birth, adoption or foster care. • Care for the employee’s spouse, child or parent who has a “serious” health condition. • For the employee’s own “serious” health condition that makes the employee unable to perform his or her job.

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Family illness. To care for the employee’s spouse, child or parent who has a “serious” health condition (or for a child for whom the employee is acting in loco parentis). Own illness. For the employee’s own “serious” condition that makes him or her unable to perform the job.

What is considered a ‘serious’ health condition? The question of which ailments qualify as “serious” conditions is a tricky one. Basically, the law defines a “serious condition” as one that requires inpatient hospital care or causes a three-day incapacity with continuing treatment by a health care provider. That can include heart attacks, most cancers, back conditions that require extensive therapy, strokes, spinal injuries, certain respiratory conditions, severe arthritis and injuries resulting from accidents. Pregnancy, morning sickness, prenatal care, childbirth and recovery from childbirth also qualify. But that list isn’t complete. Courts are constantly debating which ailments qualify as “serious” and which don’t. Employers have the right to demand medical certification from a doctor to make a decision on whether a condition qualifies. Advice: Bring the issue to HR’s attention whenever you suspect an ailment might qualify for FMLA protections.

Can you deny FMLA leave to certain employees? The FMLA does establish a class of workers known as “key” employees to whom employ ers can deny reinstatement from FMLA leave if doing so would cause the business “substantial and grievous economic injury.” You can’t deny FMLA leave to a key employee, only reinstatement. “Key” employees are salaried employees whose earnings are in your organization’s top 10%. Also, if you can prove that you would have terminated the employee if he or she had been at work (say, if the company closed a department where the employee worked), you can also terminate the employee while he or she is on FMLA leave.

Must employees notify you? Eligible employees who want to take FMLA leave must give you 30 days’ advance notice when the need is foreseeable, such as when a pregnant employee anticipates time off for childbirth. When their FMLA leave is not foreseeable, they need to inform you as soon as practicable, which usually means one or two business days. Remember, employees don’t need to mention FMLA as long as they provide enough information to decide that the leave qualifies. In short, the burden is on employers to recognize that the leave may qualify.

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What managers need to know about the ADA

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hen you’re faced with an employee or applicant who may have a physical or mental disability, your legal antenna should go up right away. That’s because the complex Americans with Disabilities Act (ADA) gives qualified disabled people special rights in the workplace. Here’s what a manager needs to know about the ADA:

Who is protected? The ADA covers more people than those who are deaf, blind or in wheelchairs. Technically, people are “disabled” under the ADA if they have a physical or mental impairment that “substantially limits one or more major life activities,” such as sleeping, standing or working. Depending on the person’s condition, that can include ailments such as epilepsy, dia betes or arthritis, plus mental impairments, such as major depression and bipolar disorder. The ADA protects people with a history of such impairments, such as an employee whose cancer is in remission. The law also says that if an employer treats a person as being disabled, then that person earns protection under the law, even if he or she wouldn’t otherwise qualify. That’s why, when faced with an employee or applicant who may be disabled, it’s important for managers to talk with HR about how to respond.

What are you required to do? Employers must make sure that people with disabilities have an equal access to jobs, compensation and promotions. The ADA also requires employers to prevent harassment because of a person’s disability. With limited exceptions, you must keep confidential any medical information about applicants or employees. If a person is “disabled” under the

law, you must provide reasonable accommodations to assist that person.

Can you ask about disabilities? The ADA says employers can’t ask questions about a person’s disability during the appli cation process. That includes direct questions about the impairment, questions about medications they take or questions about the person’s workers’ comp history. You can, however, make business-based inquiries, such as: • Whether they have the right experience, training and skills. • Whether they can satisfy the job’s essential functions. • How much time off the applicant took in past jobs (but not why). After making a job offer, you can then ask any disability-related questions and conduct medical exams, as long as you do this for everyone in that same job category. You can’t pull back a job offer simply because you discover a person is disabled. That would be blatant discrimination. You can, however, withdraw a job offer if it’s clear after the medical inquiry that the person can’t perform the job’s essential functions with or without a “reasonable accommodation.” Note: You don’t have to hire a disabled person who doesn’t have the appropriate skills and experience. But if the deciding factor is the disability, you must prove that the disability interferes with the job’s essential functions.

What’s a ‘reasonable’ accommodation? If an employee has a qualified disability, you must make “reasonable accommodations” to

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help him or her perform the job’s essential functions. Some examples: • A diabetic employee may need regular breaks to eat properly and monitor blood levels. • A person with a back problem may need a stiff-backed chair. • A person with cancer may need leave to have radiation treatments. When potentially disabled employees approach you with accommodation requests,

they set in motion the ADA’s “interactive process.” It’s important to be able to identify such requests as possible ADA-covered requests and then alert HR. You should begin laying a paper trail now to show a good-faith effort to comply with the law. Employers don’t have to go along with every accommodation request. Requests are unreasonable if they cause the organization an “undue hardship,” meaning it’s too difficult or too expensive to provide.

What if a disability threatens safety?

The ADA prohibits private employers with 15 or more employees from discriminating against qualified people with disabilities during hiring, firing, promotions, pay and training. (Some state laws apply to smaller employers.) Specifically:

The ADA allows you to ask questions related to a disability and even require a medical exam if an employee’s medical condition appears to be causing performance or safety problems. You can also reject a job applicant (or terminate an employee) with a disability for safety reasons if the person poses a direct threat to others.

• You can’t ask about a person’s disability during hiring.

What about drug and alcohol use?

The ADA at a glance

• Job offers can be conditional on a medical exam, as long as all applicants take the same exam. • The ADA defines a disability as “a physical or mental impairment that substantially limits one or more major life activities.” • Employers must make reasonable accommodations for the person’s disability unless doing so would create an “undue hardship” for the organization.

Current illegal use of drugs isn’t protected by the ADA, so you don’t need to hire or retain someone who is using illegal drugs or fails a drug test. Also, employees who are found drinking on the job can be fired for company violations. However, recovering alcoholics may be a different story; they could be covered under ADA protections. As a result, you may need to offer accommodations, such as allowing periodic calls to their AA sponsor or leave for meetings.

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What managers need to know about age discrimination

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t first glance, the federal Age Discrimination in Employment Act (ADEA) appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law isn’t that simple; it affects managers in everything from questions asked in job interviews to assigning job duties. Here’s a description of the law and some key problem areas to watch for:

ADEA: How it works The ADEA was created in 1967 to promote employment of older people on the basis of their ability, rather than their age. The law applies to employers with 20 or more employees, plus federal, state and local governments. (Some states set their own age discrimination laws that push the employee threshold much lower.) Essentially, the ADEA makes it illegal to discriminate against people age 40 and older, both applicants and employees. That applies to all employment practices, including hiring, terminations, pay, promotions, benefits and any other terms of employment. It’s also illegal to retaliate against employ ees who speak out against an employment practice that discriminates based on age. Nor can you retaliate against people for filing ADEA complaints or for participating in an ADEA investigation. The ADEA is enforced by the U.S. Equal Employment Opportunity Commission (see www.eeoc.gov/laws/types/age.cfm). Employers covered by the ADEA must post notices explaining the law.

Potential legal pitfalls Managers need to be aware that they could encounter age discrimination problems in these areas:

Job interviews: When interviewing job candidates, you shouldn’t initiate discussions that could relate to age. While the ADEA doesn’t specifically prohibit you from asking an applicant’s age or date of birth, it will be difficult to prove that age wasn’t a hiring factor if age was discussed in the interview. Instead, stick to performance-based questions centered on how well the candidate can perform the job. Even asking questions such as when somebody graduated from college could be dicey. Whether the applicant graduated is job related, but when the person did is not. Also, remember that just because an applicant brings up the topic of age doesn’t give hiring managers the green light to pursue that path further. Instead, simply say something like, “We don’t base this position on any age factor, so we don’t need to discuss that.” Job advertisements: You know that you can’t specify a certain age for a position. But also realize that certain phrases in ads can imply age-based needs. For that reason, avoid phrases such as “recent college grad” or “young aggressive types.” Job assignments: Courts frown on employers who take the view that certain types of jobs should go only to younger people because

The ADEA at a glance The ADEA protects applicants and employees who are age 40 or older from age-related discrimination in hiring, firing, compensation, benefits, promotions and other terms of employment. It also prohibits retaliating against employees who file ADEA complaints. The law applies to private employers with 20 or more employees.

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older ones don’t have the energy or “image” for a specific job. That’s why it’s best to judge applicants and employees on their own abilities, not on the perceived abilities of the age group to which they belong. Courts have approved some age-based job limits, but only in limited circumstances and usually related to public safety. Example: the age cutoff limit for commercial pilots and some police officers. Apprenticeship programs: It’s generally unlawful for apprenticeship programs to discriminate on the basis of a person’s age. Age limits in apprenticeship programs are valid only if they fall within certain exceptions cited under the ADEA or if the EEOC grants an exception. Harassment: Sexual harassment grabs all the headlines, but managers need to realize that other types of illegal harassment exist. That includes age-based harassment. If supervisors tolerate “old guy” jokes and verbal abuse aimed at an over-40 employee,

that could give the employee grounds for a harassment lawsuit. Keep age out of any and all discussions, and encourage others to do the same. Benefits and training: The ADEA specifically prohibits denying benefits to older employees. That doesn’t just mean health and life insurance. For example, managers must make sure older employees aren’t squeezed out of training opportunities because of their perceived place in their careers. Layoffs/downsizing: When planning layoffs, employers must ensure that there’s no disproportionate impact on older employees. Because performance appraisals will likely be used to support the decisions of who is laid off, it’s important for managers to keep honest, updated appraisals on all employees. Also, with a few exceptions, employers can’t force employees to retire at a certain age. For that reason, managers should avoid leading comments and questions about employees’ retirement plans.

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What managers need to know about sexual harassment

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anagers are an employer’s “eyes and ears,” so they have a key legal responsibility to be on the lookout for behaviors that could spark a sexual harassment complaint. Here’s a primer on what sexual harassment is and how to react when you see it.

What is sexual harassment? Sexual harassment occurs when one person attempts to exert power over another in the workplace through sexual intimidation. Legally speaking, it’s a form of sexual discrimination, which violates Title VII of the federal Civil Rights Act. (States often have their own laws against sexual harassment.) The EEOC, which enforces the Civil Rights Act, gives this definition of sexual harassment: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

Two kinds of harassment Managers need to be aware of two kinds of sexual harassment: 1. Quid pro quo harassment literally means “this for that” harassment, and it’s usually the most blatant kind. It occurs when a boss uses job rewards (such as raises or promotions) or punishment (such as demotions or firing) to force employees into a sexual relationship or sexual act. One single incident of quid pro quo har assment is enough to justify a lawsuit. And victims don’t even need to suffer any actual physical contact; they need to show only that a coercive offer was made.

2. Hostile environment harassment is more subtle. Employees who make such claims argue that the workplace is so sexually charged that it affects their job performance. Recognized causes include pornographic pictures displayed, verbal abuse, inappropriate touching, sexual jokes or demeaning genderbased remarks. To justify hostile environment claims, employees must typically prove they were subjected to repeated offenses; one incident usually won’t suffice. In both types of harassment, employees must prove that the conduct was offensive to someone (not necessarily the intended victim of the harassment).

Conduct that could spark a sexual harassment lawsuit Managers should be on the lookout for these types of behavior: • Repeated sexual innuendo, obscene or offcolor jokes, slurs, lewd remarks and language, and other offensive sexual comments • Sexually offensive content in email messages, notes and workplace graffiti • Sexual propositions, insults, threats, leering, whistling or other suggestive sounds • Persistent unwanted sexual or romantic overtures • Leering, whistling or other sexually suggestive sounds or gestures • Displaying pornographic pictures or other sexual material at work • Coerced or unwelcome touching or kissing • Subtle or overt pressure for sexual favors • Coerced sexual intercourse

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Example: Say a male employee tells a dirty joke to a female co-worker. She thinks it’s funny, but a second woman passing by finds it offensive. That offhand joke could contribute to a hostile environment claim simply because someone finds it offensive. That’s good reason for supervisors to discourage any amount of sexually charged jokes or behavior, even if the majority of employees don’t have a problem with it.

demonstrated borderline harassing behavior in the past. They’ll back off quickly if they know that their personal fortunes are at stake, not just their employers’.

Who can file lawsuits?

If you see harassing situations, don’t be afraid to call employees on the behavior and state why it’s wrong, assigning discipline if necessary. Contact HR to discuss appropriate next steps or discipline. When directing employees on sexual harassment issues, advise them to:

You may be surprised to discover that sexual harassment isn’t just a male-against-female offense. While most cases involve men har assing women, some male employees have successfully filed sex harassment lawsuits against their harassing female bosses. Also, people of the same gender can sex ually harass each other, as long as the harassment is of a heterosexual nature. Example: A male employee’s co-workers bombard him with sexually explicit photos and emails that make him uncomfortable because he is married.

Can harassers be personally sued? When employees sue for sexual harassment, they usually name the employer and the individual harasser in the lawsuit. Lawyers typically spend more effort going after employers, but all managers should be aware that they could be paying for harassment out of their own wallets. That fact gives you more reason to personally avoid any harassing behavior. It’s also a good point to make to employees who have

How should supervisors respond? Supervisors should be well-versed in the organization’s policy, knowing what does and does not constitute sexual harassment in the workplace.

• Avoid unwelcome physical contact. • Never demean others. Such behavior could contribute to a hostile environment, especially if it’s aimed at an employee’s gender. • Don’t make suggestive comments. The workplace isn’t the place for sexual banter. When giving a compliment, don’t add innuendo. • Keep the door open. If possible, employees who need to speak to employees of the opposite sex should not close the door and invite accusations. If you expect trouble, bring a witness. Final tip: Never retaliate in any way against employees who have complained about sexual harassment, filed a lawsuit or participated in an investigation. Federal law makes it illegal to retaliate against them.

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What managers need to know about pregnant employees

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’m pregnant.” For many managers, hearing those words from an employee may bring mixed emotions. You may be happy for the employee personally, but worried about the resulting implications for scheduling, employee retention and leave issues. Another issue to consider: the potential legal pitfalls. Both federal and state laws provide pregnant employees with special rights in the workplace. The key federal law is the Preg nancy Discrimination Act (PDA), which was enacted in 1978 and covers organizations with 15 or more employees. At its core, the PDA says workplace discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination. It doesn’t require that you give special treatment to pregnant employees; it just requires that you deal with pregnant employees the same as any other employees with temporary disabilities. Here are more specifics:

Hiring and firing Employers can’t fire or refuse to hire a preg nant woman because of her pregnancy or a pregnancy-related condition (such as an abortion) or because of the prejudices of co-workers or customers toward pregnant women.

nation. Suggest that she talk to HR and discuss her FMLA rights and other leave issues. During the pregnancy, make sure you treat any disabilities caused by the pregnancy the same way as other temporary disabilities under the company’s health, disability or sickleave plan. For example, if an employer has allowed other temporarily disabled employees to modify their work or perform lighter-duty assignments, the employer must do the same with the pregnant employee. (Check with HR before altering pregnant employees’ duties, responsibilities or compensation.) Pregnant employees must be allowed to work as long as they’re able to perform their jobs. You can’t force them to go on leave as long as they are physically capable of performing their jobs’ essential functions. If a pregnant employee is absent from work due to a pregnancy-related condition and recovers, you can’t require her to remain on leave until her baby is born. Nor can you set a rule that prohibits employees from returning to work for a predetermined amount of time after childbirth.

That’s why managers should never, during interviews, ask job applicants if they plan to have children or have more children.

Must you keep her job open until she’s ready to return? Generally, yes. Unless she tells you that she’s not returning, you must keep her job open for the same amount of time that positions are held open for employees on sick or disability leave for other reasons.

Pregnancy and maternity leave

Nonpregnant employees can sue, too

When you discover that an employee is pregnant, offer congratulations and ask how she is feeling. Don’t immediately say something like, “So, will you quit after having the baby?” or “I guess you’ll want lots of time off.” Such comments could be used as evidence of discrimi-

Don’t think that the PDA just covers pregnant women. The law also bans discrimination against women because of their “capacity to become pregnant.” So you can’t, for example, refuse to hire women because they’re entering their “childbearing years.” MM06

In one recent court ruling, a nurse who was rejected for a promotion successfully filed a PDA lawsuit even though she wasn’t pregnant. Her evidence: She had suffered previous pregnancy complications and the hiring manager asked whether she planned to become pregnant again.

What must an employee prove? Employees or applicants who file PDA claims simply must be able to show that you took some kind of “adverse action” because of their pregnancy. Lawsuit-filers don’t need to prove that you discriminated deliberately or with “ill will.” They need to show only that they suffered some sort of discrimination, intentional or not. Also, they can pursue PDA claims only if they can prove the employer knew of their pregnancy. In one recent ruling, a California court tossed out a woman’s lawsuit because she had told only co-workers in confidence about her pregnancy. There was no proof that her supervisors knew.

Three final tips 1. Abortion. The PDA says you can’t fire, refuse to hire or discriminate in any other way against a woman because she’s had an abortion. Also, aside from health insurance (which doesn’t have to cover abortions), all fringe benefits, such as sick leave, that cover

The PDA at a glance Under the federal Pregnancy Discrimination Act of 1978, it’s illegal to: • Refuse to hire, to fire or to subject an employee to more adverse working terms and conditions than other employees because she is pregnant (or may become pregnant). • Treat pregnancy-related medical conditions differently than other disabling conditions. • Discriminate against pregnant employees with regard to health insurance or other benefits. • Require pregnant employees to take mandatory maternity leave. • Discriminate against an employee because she is unmarried and pregnant. other medical conditions must also cover abortions. 2. Breast-feeding. The PDA doesn’t cover breast-feeding, but some laws do protect an employee’s right to breast-feed or pump milk on the job site. 3. Retaliation. The PDA also makes it illegal to retaliate against an employee for filing a PDA lawsuit or for complaining about the company’s pregnancy-related employment policies.

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Memo to Managers Re: Employee Lawsuit Risks

Dirty Dozen: 12 manager mistakes that spark lawsuits

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awsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. But either way, those lawsuits cost time and money to fight—money that is better spent on product development, training and raises.

That’s why it’s vital to make sure you understand company policies. Don’t make decisions based on a vague memory of a policy. Double-check it or check with HR before taking action.

Even worse, some laws—including federal overtime law and the FMLA—allow employees to sue their supervisors directly, meaning a manager’s personal bank account could be at stake.

Performance reviews are one of the most important forms of documentation, yet managers sometimes inflate the ratings for various reasons. If a manager later tries to cite “poor performance” for that same person’s termination or demotion, those overly positive appraisals create a heap of credibility concerns.

Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment law defense:

1. Sloppy documentation Most discrimination cases aren’t won with “smoking gun” evidence. They’re proved circumstantially, often through documents or statements made by managers. Documents, particularly email, can help the employee show discriminatory intent.

3. Inflated appraisals

Be direct, honest and consistent.

4. Shrugging off complaints Turning a blind eye to any employee’s complaints of unfairness or perceived illegal actions is a guaranteed credibility buster. Comments like “I’m not a baby sitter” or “Boys will be boys” will hurt employee morale and jeopardize your standing in court.

5. Interview errors It may be easy to answer the question: “Why did you hire that person?” But managers often run into trouble when they have to answer: “Why did you reject certain other candidates?”

The lesson: Always speak and write as if your comments will be held up to a jury someday.

That’s because rejection decisions typically aren’t well-documented and the decisionmaker may not recall the reasons later.

2. Not knowing policies, procedures

During interviews, stay away from any question that doesn’t focus on this central issue: How well would this person perform the job he or she has applied for? Never ask about age, race, marital status, children, day care plans, religion, health status or political affiliation.

Courts expect supervisors to know their organization’s policies and procedures. If a manager admits ignorance, legal experts say juries typically view that as purposeful, not forgetfulness.

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6. Changing your story If an organization changes its reasoning for making an adverse employment decision (firing, discipline, demotion, etc.) in midstream, its credibility is shot. Be straight with employees from the start about reasons for discipline. Don’t sugarcoat your comments.

7. ‘Papering’ an employee’s file Most managers hear the mantra, “Document, document, document.” But it’s possible to overdocument, especially when it occurs right before a firing. Courts will be able to see through a rush of disciplinary actions cited in the days before a termination. Be consistent in documenting negative and positive performance and employee behavior. It’s best to keep a “performance log” for each employee, regularly making notes in each file.

8. Being rude, mean-spirited An organization can have the best case in the world, but if the key supervisor comes across as rude, insensitive and mean, the attorney’s job of selling the case to the jury will be much harder. Use the golden rule in handling staff.

9. Careless statements to feds When responding to charges filed with the EEOC or state agencies, employers often have

to submit position statements. Managers may be called upon to help provide some of that information. You can bet the employee’s attorney will review these statements, particularly affidavits, and introduce them at trial, especially if your story has changed. Keep your story consistent.

10. Lack of legal knowledge Juries will expect—and the plaintiff’s lawyer will encourage them to expect—that employers stay abreast of developments in employment law. Refresh yourself regularly on your organization’s policies, read communications sent from HR and, when in doubt, ask questions.

11. Dictating accommodations Under federal law, employers must make “reasonable” workplace changes to accommodate an employee’s disability. How to choose those accommodations? It must be a give-and-take process to reach a solution, the law says. Managers too often try to dictate the solution.

12. Firing employees too fast Managers who fire without first trying to improve the worker’s performance will appear insensitive and potentially discriminatory in court. Conversely, managers who try to improve things before resorting to firing will stand a better chance of avoiding a lawsuit.

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Review wording of job ads for traces of bias

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ou’re often pressed into service to write employment ads for new job openings. But you may not be aware that a few poorly cho sen words could open up the organization to a discrimination claim. For example, see if you can recognize the three problems with the following ad:

Waiters/busboys. Looking for energetic, recent H.S. grad to work midnight shift at 24-hour restaurant. Great potential for growth. Apply in person or via mail to Ms. Willis, 100 Columbia Way. EOE. Using age as job-selection criterion (“recent H.S. grad”). That violates the Age Discrimination in Employment Act. While age can sometimes be a bona fide occupational qualification (BFOQ), as in the case of air-

line pilots, no court would agree that age is a BFOQ for such a restaurant job. Specifying gender. The terms “waiter” and “busboy” are not gender neutral and could be viewed as discriminatory. Instead, use “wait staff” and “buspersons.” Requiring a high school diploma. That might be seen as discriminatory because it could be argued that a diploma is not a BFOQ for this job. Here’s a safer version of the ad:

Restaurant night crew. 24-hour restaurant looking for wait staff and buspersons to work midnight shift. Great potential for growth. Apply in person or via mail to Ms. Willis, 100 Columbia Way. EOE.

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Don’t ‘oversell’ the job; oral promises can bind you

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n your rush to land a hot job prospect, beware of making promises that could unintentionally create a contract that binds you, and the organization, to those terms. Stay away from phrases such as: • “You’ll be with us as long as you can do your job.”

• “You won’t be fired unless we have a very good reason.” • “This is a company in which you can stay and grow.” • “In this company you’ll have lots of job s ecurity.” Employment-at-will laws in most states give you the freedom to fire someone at any time for any reason other than one that’s discriminatory or illegal. But statements like the ones above surrender that privilege by awarding special employment rights to the new hire. A spoken promise can carry just as much weight as a signed document. Courts may conclude that you entered into an “implied

contract” with an employee or applicant if you directly or indirectly allude to that person’s long-term job security. Case in point: A California company recruited a New Jersey man for a multiyear project. When the man said he’d move his family to California only for a permanent position, the hiring manager agreed orally that the position would be permanent. Two years later, the project ended, and the company fired the man. He sued for negligent misrepresentation and won. The court said the oral promise was enough. The lesson: You should always avoid aking, or even hinting at, guarantees about m long-term job commitments. By talking up job permanence or making other lofty promises, you could crush the organization’s ability to fire people or lay them off if needed. Beware that courts will be even stricter in enforcing such implied contracts when, as this case shows, applicants make special sacrifices to take the job.

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Interview notes can be a binding contract

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anagers may believe that agreements must be in writing to be deemed legal employment contracts. But that’s not true. Under the right circumstances, oral promises made by supervisors can be enforced as contractual agreements. That’s especially true if employees or applicants have something in writing to back up their claims, such as handwritten notes. As the following case shows, written notes, particularly those signed by a manager, may be enough to bind employers. That’s why managers should never sign anything an applicant or employee hands them without prior HR approval. Better yet, have an attorney review any such documents. Employment contracts should be drafted by someone who represents your organization’s best interest, not by employees.

Case in point: During Robert Baum’s job interview with Helget Gas Products for a sales position, he told the company president and another manager that he needed a three-year contract. Baum took careful notes of the discussion, including the company’s descriptions of his expected salary, bonus payments, job duties and benefits. After he accepted the job, Baum took his handwritten notes, wrote “Contract with Helget Gas Products” across the top and gave them to the manager, who signed the notes. A year later, the company fired Baum for not meeting sales goals. He fired back with an employment-contract lawsuit, alleging that the company had guaranteed him three years of work. Unfortunately for the company, a court found that the notes signed by the manager did create a contract. The interview notes were silent on the issue of sales targets. (Baum v. Helget Gas Products, 8th Cir.)

Legally smart job offers: 4 do’s and don’ts Just a few misplaced words during a job interview can lock your organization into an employment contract with a new hire. Avoid creating promises by following these job-offer tips: 1. Do explain that the candidate is being hired “at will,” meaning your organization can terminate his or her employment at any time for any nondiscriminatory reason. Include at-will statements in offer letters and employee handbooks. 2. Don’t imply job security with statements such as, “You’ll be able to grow here” or

“You have a long career here.” Specify the job’s starting date, but keep out any reference to length of employment. 3. Do clarify that continued employment depends on several factors, including following organization policies. Cite job-offer contingencies, such as signing a nondisclosure agreement or drug test. 4. Don’t ask new hires to sign offer letters. But keep a copy in your files. If you make the offer orally, keep notes of what you promised.

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25 off-limits interview questions

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ob interviews present a minefield of legal problems. One wrong question could spark a discrimination lawsuit. That’s why you should never “wing it” during interviews. Instead, create a list of interview questions, and make sure every question asks for jobrelated information that will help in the selection process. Federal and state laws prohibit discrimination on the basis of an applicant’s race, color, national origin, religion, sex, age or disability. Some state laws also prohibit discrimination based on factors such as marital status or sexual orientation. If you ask a job applicant a question specifically relating to one of those characteristics, you’re subject to being sued.

Every question you ask should somehow relate to this central theme: “How are you qualified to perform the job you are applying for?” Managers usually land in trouble when they ask for information that’s irrelevant to a candidate’s ability to do the job. To avoid the appearance of discrimination during interviews, do not ask the following 25 questions: 1. Are you married? Divorced? 2. If you’re single, are you living with anyone? 3. How old are you? 4. Do you have children? If so, how many and how old are they?

5 ways to legally ask tricky interview questions Here are five questions that can reveal more about a job interviewee, without risking a hiring discrimination charge.

manual duties or work with hazardous materials. You can even test the applicant’s ability to perform the task. Just don’t make assumptions.

1. “Tell me about yourself.” Open-ended questions can elicit more information than specific ones. When a candidate answers that kind of question, the elements he or she chooses to emphasize can be illuminating. Listen for statements that clue you in to the intangibles most important to success in the position.

4. “Do you have any physical limitations that would keep you from performing the job’s essential functions?” You’re entitled to know, but caveats exist. First, you must clearly define a job’s essential functions. Second, you must ask this question of all applicants.

2. “Can you work overtime? Weekends? Night shifts?” Some interviewers draw conclusions about the willingness of a candidate (especially women with children) to work long hours or extra hours. Directly question all candidates about their willingness and ability to work nonstandard hours. 3. “Do you feel comfortable lifting 50 pounds several times a day?” Don’t assume that certain candidates aren’t able (or willing) to do hard

You can also ask what type of accommodation applicants would require. But you can ask this only if the person has an obvious disability or the applicant volunteers that he or she has a disability. 5. “In what way has your education prepared you for this job?” For many positions, a high school (or college) diploma doesn’t qualify as a bona fide occupational qualification. Instead of asking about a piece of paper, ask about specific skills that the applicant needs for success.

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5. Do you own or rent your home?

17. Are you taking any prescribed drugs?

6. What church do you attend?

18. Have you ever been treated for drug addiction or alcoholism?

7. Do you have any debts? 8. Do you belong to any social or political groups? 9. How much and what kinds of insurance do you have?

Many companies ask female applicants questions they don’t ask males. Not smart. Here are some questions to avoid with female applicants: 19. Do you plan to get married?

The following questions could result in an ADA lawsuit:

20. Do you intend to start a family?

10. Do you suffer from an illness or disability?

21. What are your day care plans?

11. Have you ever had or been treated for any of these conditions or diseases [followed by a checklist]?

22. Are you comfortable supervising men?

12. Have you been hospitalized? What for? 13. Have you ever been treated by a psychiatrist or psychologist? 14. Have you had a major illness recently? 15. How many days of work did you miss last year because of illness? 16. Do you have any disabilities or impairments that might affect your performance in this job?

23. What would you do if your husband were transferred? 24. Do you think you could perform the job as well as a man? 25. Are you likely to take time off under the FMLA? Final point: If a job candidate reveals information that you’re not allowed to ask, don’t pursue the topic further. The “She brought it up” excuse won’t fly in court, so change the subject right away.

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Beware of disability-rights law during job interviews

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ver since the Americans with Disabilities Act took effect in 1990, hiring managers have walked a legal tightrope in job interviews. The ADA’s basic message is that you can’t ask pre-employment questions that could reveal an applicant’s disability. But the law sets different rules for different stages of the hiring process, including: Pre-offer. The ADA says you may not ask any disability-related question or require any medical exams, even if they relate to the job. What counts as a disability-related question? The government says it’s one that “is likely to elicit information about a disability.” To be safe, ask questions only about the person’s ability to perform the job’s essential functions. Conditional job offer. The rules become less cumbersome once you conditionally offer the applicant a job (but before he or she starts work). At this point, you can legally ask disability-related questions and conduct medical exams. But to preserve the right to ask these questions, you must subject all applicants in

this same job category, regardless of disability, to the same questions or exams. If you decide to withdraw the job offer at this point, you must be able to show that the reasons disqualifying the applicant from consideration are “job-related and based on business necessity.” Essentially, that means the person would be unable to perform the job’s essential functions because of a medical condition, or the condition would present a threat to others. After employment begins. At the third stage (after employment begins), you can ask employees disability-related questions and require medical exams if those queries are job-related and consistent with business necessity. That includes instances when you think the employee would be unable to do the job’s essential functions due to the condition, or if the employee has requested an accommodation for the disability. Note: Find a Q&A on the government’s isability-related interview rules at www. d eeoc.gov/policy/docs/qanda-inquiries.html.

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Talking the talk: Be careful with these 5 ‘lightning rod’ terms

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ayoff or firing? Probationary or “permanent” employee? Using the wrong employmentrelated terminology with an employee can expose your organization to costly lawsuits. Here’s a look at five of the most common examples:

1. “Permanent employee” “Employment at-will” is the rule in most states. That means you can fire an employee at any time, for any reason (except an unlawful one), as long as you don’t promise a job for a specific period of time. But many managers don’t realize that labeling someone a “permanent employee” essentially promises a job for life, or at least until retirement age, and can destroy this at-will status. Managers often make the mistake of referring to employees as “permanent employees” when they pass their probationary period. Advice: Start using the term “regular employee.”

2. “Layoff” Use the term “layoff” only when you end an employment relationship due to lack of work. If you end the relationship for any other reason, call it a “discharge.” Can this little word become a big deal? You bet. For example, if the unemployment office is told the employee was “laid off,” even though you fired him for stealing, the employee could be deemed eligible for unemployment compensation … a part of which your company may have to pay. Even more costly is misusing the term when dealing with a government agency investigating a discrimination charge.

3. “Independent contractor” The consequences of improperly classifying an employee as an independent contractor

can be huge, including large back-pay awards, workers’ compensation, tax liabilities and employment discrimination rulings. But simply labeling someone an independent contractor won’t cut the mustard. Deter mini ng a worker’s status as an “independent contractor” or “employee” hinges on various factors. Most important: the degree of control. The more control you exert over the person’s schedule and duties, the more likely he or she will be deemed an employee.

4. “Exempt employee” Managers often fail to classify employees accurately as “exempt” or “nonexempt” when determining who is eligible for overtime pay. (Exempt workers are not eligible for overtime, nonexempts are.) The government has rules, albeit confusing ones, that try to help you decide which bucket to put each worker in. (Find details at www.dol.gov/elaws/esa/flsa/ screen75.asp.) When determining exempt or nonexempt status, look at the actual work performed by the employee, not the job title. Also, just because a person is paid by salary doesn’t mean that he or she is automatically exempt.

5. “Disability” Is an employee who qualifies for short-term disability insurance or workers’ compensation benefits considered “disabled”? Is an employee who has frequent migraine head aches disabled? Depending on the facts presented, the answer could be yes or no. Unfortunately, there is no laundry list of medical conditions that qualify as disabilities under the federal ADA. If an employee qualifies as disabled, your organization must make “reasonable accommodations” for that disability, which may include anything from new furniture to a new schedule. MM13

Advice: Don’t guess at whether an employee is disabled. Consult your HR department or attorney. Another good source: www.eeoc. gov/eeoc/publications/adahandbook.cfm.

Also, don’t informally refer to a worker as “disabled” until you have the facts. Federal law says that if you perceive an employee to be disabled, the law covers him or her.

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Draw the line between ‘tough talk’ and harassment

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ou must occasionally talk tough to employees who underperform, act unruly or act in other ways that can hurt the organization. But how can you be forceful without unintentionally using insensitive speech that invites a harassment complaint or, even worse, a lawsuit?

It’s more important than ever for you to walk that fine line. Why? It’s not just a “politically correct” issue. Employee lawsuits relating to harassment and discrimination have risen dramatically in recent years. Allegations of sexual harassment, gender-related claims and race bias account for more than twothirds of all complaints filed with the EEOC. The law: Federal law (Title VII of the 1964 Civil Rights Act) prohibits harassment on the basis of an employee’s race, color, sex, religion, age, national origin or disability. (For details, see www.eeoc.gov.) Several states have also established their own anti- harassment laws. Use the following five common-sense tips to draw a line between tough management and harassment: 1. Don’t criticize employees personally. Avoid statements such as “You can’t do anything right” and “You’re terrible.” That’s especially important if you don’t like an employee, and others suspect that’s the case. Repeatedly berating an employee can establish a pattern of verbal abuse. If you’re dissatisfied with an employee’s performance, explain the reasons (using con crete examples), suggest ways for improve ment, lay out a performance timeline and explain the consequences for not meeting those goals.

2. Avoid extreme rudeness. Examples: yelling an employee’s name across the room or down the hall to correct him or her; frequently telling an employee to “shut up.” 3. Don’t condescend. Avoid comments such as “A 12-year-old could do a better job.” Employees can claim that such comments contribute to a hostile and intimidating working environment. 4. Don’t discipline employees in front of co-workers or customers. In almost all cases, disciplinary actions should be kept strictly on a need-to-know basis. That typically means the employee, his or her supervisor, department head and HR manager. Never make an employee with performance problems into a public example. In one recent case, a California jury awarded an employee a $10,000 judgment in an invasion of privacy case. The woman’s supervisor had announced at a staff meeting that he was planning to reprimand her; then he announced that fact to an even broader group via email. 5. Watch what you don’t say. Excluding someone from conversations, meetings or projects could be seen as a form of discri mination or harassment. Example: During meetings, a manager calls on every employee, except for one poor-performing woman, to discuss projects and ideas. She may claim the manager purposely humiliated her because of her gender. Final tip: Weigh your comments to employees against this test: Would you want somebody else to say the same thing to your son, daughter, sibling or parent? Would you say the same thing to a friend in front of that person’s spouse?

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It’s every manager’s duty to take harassment complaints

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hat if an employee complains to you or another manager about a co-worker’s inappropriate comments or touching? What should you do with that complaint?

As recent court cases show, you need to pass along any such complaints, even if you think they’re fairly mild, to the HR department. Federal law says employers can be liable for employees’ sexual harassment if they “knew or should have known” about the harassment but failed to act. Courts have said in recent years that an employer is considered to have “known” about harassment if any supervisors, not just HR, get wind of the harassment complaint. Case in point: A female prison guard told her two supervisors that her co-workers used obscene language and propositioned her. She never filed an “official” complaint, but quit and sued for sexual harassment. The court sent her case to trial, even though she never formally complained, because it said the discussion with her two supervisors was “sufficient to notify” the employer. Final tip: Remember that complaining employees don’t need to use the word “harassment” to file a complaint. You must be able to identify when an informal gripe rises to the level of a possible harassment complaint. Employee comments like “I didn’t like the way he talked to me” and “He won’t take ‘no’

for an answer” are enough to put you on notice. When in doubt, pass the complaint up the chain.

Preventing harassment: not a ‘one and done’ deal Supervisors have a duty to respond to any employee harassment, but that duty doesn’t stop once you take action the first time. You must remain on constant vigil for additional outbursts, then react immediately to those, too. As a recent ruling shows, courts won’t look kindly on employers, or managers, who stop harassing incidents once but ignore subsequent flare-ups. In fact, a “We dealt with it once” argument may actually incite more legal wrath. Case in point: An African-American employee complained about racist graffiti in the restroom, so his employer painted over it. But the graffiti reappeared, this time with a death threat that included the employee’s name. He complained again. His supervisor shrugged off the second complaint, allegedly saying: “I got it off once. What do you want me to do, tear the wall down?” The graffiti stayed for five months until the employee resigned. He sued, and a federal court let the case go to trial, saying the manager’s reaction was sorely lacking. (Reedy v. Quebecor Printing Eagle Inc., 8th Cir.)

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How to prevent religious discrimination at work

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s a manager, you need to let employees express their religious beliefs while, at the same time, making sure those expressions don’t infringe on the rights of co-workers or the organization. That task is more difficult than ever. Why? Employee claims of religious discrimination in the workplace have nearly doubled in the past decade. The law: Federal religious discrimination law (in Title VII of the Civil Rights Act) prohibits employers with 15 or more employees from discriminating against applicants or employees based on their religion. Here’s what that means in a practical, day-by-day sense: • Hiring and firing. You can’t treat applicants or employees less (or more) favorably in hiring, firing or other conditions of employment because of their religious beliefs or practices. • Proselytizing. You can’t force employees to participate (or not participate) in a religious activity at work. • Accommodation. You must reasonably

accommodate an employee’s “sincerely held” religious beliefs and practices. • Undue hardship. You can deny a religious accommodation request if it would create an “undue hardship” on the organization’s business interests. The EEOC defines “undue hardship” as something that: “requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees’ job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee’s share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.” • Religious expression. You must permit employees’ religious expression if they’re allowed to engage in other personal expression at work, so long as the expression doesn’t impose an undue hardship on the company or infringe on the rights of co-workers or customers. • Religious harassment. You must take steps to prevent religious harassment of employees.

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Inappropriate nicknames can lead to bias lawsuits

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How? If a nickname singles out an employee in a legally protected category, a court may say the nickname contributes to creating discrimination or an illegal “hostile environment.”

Case in point: After congratulating a sales rep for her good performance, a manager said, “You’re not going to go and get pregnant now, are you?” The employee did become pregnant the following month. When the manager found out, he stopped calling her by her name and started calling her “Prego.” He also started yelling at her about her work.

That may seem obvious in such cases as referring to racial minorities in disparaging terms. But singling out female employees with nicknames, especially pregnant ones, can be legally dangerous.

The employee filed a sex and pregnancy discrimination lawsuit. The court sent the case to trial, saying that calling her “Prego” was similar to using a racial epithet and that it created a hostile environment.

iving employees nicknames may seem like harmless fun. But realize that giving the wrong nickname can lead to legal trouble.

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New retaliation rules: What managers need to know

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anagers in every U.S. organization got a wake-up call in 2006 from the U.S. Supreme Court about the legal risk of retaliating against employees who voice complaints about discrimination or other on-the-job wrongdoing.

Case in point: A manufacturing company experienced a downturn, so it had to reduce the hours of some of its employees. One of those employees filed an age discrimination complaint with the EEOC.

In a landmark ruling, the Supreme Court established a broad national definition of what management actions would be considered illegal “retaliation” under federal anti- discrimination law. (Burlington Northern v. White)

When his supervisor found out about the complaint, he immediately fired the com plaining employee. The employee tacked a “retaliation” complaint onto his original age discrimination claim.

Essentially, the ruling makes it easier for employees to file and win retaliation lawsuits. In fact, after the Supreme Court’s ruling, the number of retaliation complaints to the EEOC increased 18% in just one year. Retaliation complaints are now the No. 1 type of job bias claim filed with the EEOC, followed by claims of race discrimination.

What it means to management It’s more important than ever to treat all employees equally in day-to-day management and discipline. Never try to “get back at” those who file in-house complaints or lawsuits about discrimination, safety or ethics violations. Be ultra-cautious about the timing of discipline and employment decisions so that those actions don’t even appear to be retaliation for an employee’s earlier complaint. That doesn’t mean employees who voice complaints are untouchable. You can still discipline such employees for legitimate performance and behavior problems. Just make sure you’d take the same action with any employee, and document the reasons for your decision. Final note: Employees can actually win retaliation claims even if their underlying discrimination lawsuit falls flat, as the following case shows.

The result: There was no proof of age discrimination, so the employee lost that part of the case. But he was easily able to prove that his firing was retaliation for the age-bias complaint.

2 questions to ask before disciplining employees To prevent employees from being able to file retaliation claims, ask yourself these two questions before taking disciplinary action against employees who’ve recently complained about discrimination (either formally or informally): 1. “Why am I taking this action now?” Scrutinize the reason and timing of your action. Is there any connection to the person’s complaint? If it smells even a bit like retaliation for the complaint, a jury could see it that way, too. 2. “Would I take this action with my best employee?” If your answer is “no,” you could be open to a retaliation charge. If your answer is “yes,” make sure that you document the basis for your decision before proceeding. Bottom line: When facing an employee complaint, it’s not the time to stray from everyday practices.

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6 employment law lessons from the courts

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upervisors can learn a lot from others’ m istakes, particularly when it comes to employment law issues. Here are six recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.

Be especially sensitive to comments about employees’ illnesses or disabilities that could be interpreted as discrimination. That applies to documents going into employees’ personnel files, as well as to such unofficial documents as email correspondence.

1. Don’t try to muzzle employee talk of pay, work conditions You may not like employees comparing their paychecks or bad-mouthing their managers in the break room, but don’t try to silence such off-duty chats.

Why all the carefulness? The ADA says that if you treat employees as disabled, they’ll earn ADA job protections (even if they’re not truly disabled). So, you’ll be asking for trouble if you make assumptions about an employee’s ability to do a job without testing or asking that person.

That’s because the National Labor Rela tions Act makes it illegal to ban or punish employee discussions of working conditions, pay, benefits and promotions. That law sounds like it applies only to unionized workforces, but it actually applies to every U.S. workplace, unionized or not.

Example: A sanitation worker on the night shift developed night blindness. During negotiations to move him to the day shift, a supervisor wrote a memo that recommended his firing, saying, “If his disease continues to degenerate, why are we waiting to terminate him?”

Example: An employee was fired soon after he began complaining to his co-workers about the company’s compensation system. His supervisor says the employee was fired for being a “troublemaker.” But the employee filed suit, saying the real reason was his legally protected wage complaint. The court sided with the employee.

The employee was fired, filed an ADA lawsuit and won. The supervisor’s “diagnosis” was wrong, and the employee was perfectly capable of working the day shift. The court cited the internal memo as evidence that the employer perceived the worker as disabled and had wrongly terminated him.

Tip: While you can’t limit such discourse, you can limit certain on-the-job discussions if they’d disrupt the workplace. For example, you can tell employees to discuss nothing but business in front of customers.

2. Write emails and reviews as if they’ll be read in court Whenever you write an email, memo, performance review or any other employee-related document, think about how your words could appear if they’re read to a jury during an employee’s lawsuit.

3. Customer preference isn’t a reason for biased hiring choice When it comes to hiring, the applicant’s age, race, sex or religion should never play a role in your decision, even if you believe that customers or clients would favor one type of person over another. Courts have consistently said that discrimination is discrimination even if hiring managers push off their prejudice onto a third party, using excuses such as “Our customers feel more comfortable dealing with (white or younger or male) employees.”

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Basing hiring decisions on the prejudices of your customer base, even for organizations that depend on customer satisfaction, is a sure way to land in court. Example: An African-American poker dealer was well qualified, but he was repeat edly turned down for a permanent dealer position at a Mississippi casino. The man sued, alleging race discrimination, and won. As evidence of the company’s bias, the employee’s lawyer brought forth a casino employee who said she heard the hiring manager say, “These good old white boys don’t want black people touching their cards.” Tip: This case also serves as an important reminder to avoid such unguarded, judgmental comments at work. Employees often remem ber (and take notes on) comments such as the “white boys” remark noted above.

4. Nonsexual bullying can equal sexual harassment Sexual harassment doesn’t just involve inappropriate touching or sexually charged comments. If you tolerate an employee who singles out co-workers of one gender for abusive or bullying treatment, your leniency could open the organization to a sexual harassment lawsuit based on a “hostile environment.” That’s because federal law bans work discrimination on the basis of gender. And that ban encompasses sex-based harassment: hostile behavior targeted at employees of one gender. Example: Three female office workers c omplained that their boss berated female workers in public, while going easy on male workers. The women sued for sexual harassment and won. The court said the boss’s bullying, although not sexual in nature, was discrimination based on sex. Bottom line: Sexual harassment doesn’t have to involve sex to be illegal.

5. Don’t go easy on disabled workers At evaluation time, some supervisors wrongly take the easy way out, glossing over an employee’s poor performance and refusing to rate anyone below average. But that kind of vanilla rating system—and inadequate documentation of performance problems—will come back to haunt an organization. That’s particularly true in situations in which disabled employees will hold up their review as proof that they’re qualified to perform the job. Example: Major depression caused a government attorney’s work to deteriorate. Despite these problems, her supervisor continued to rate her “fully successful” on job reviews. Eventually, she asked for a transfer as an accommodation for her disability. The employer declined, so she filed a disability discrimination suit. A federal court sided with her, saying she was “disabled” under the law and her “fully successful” job reviews proved that she was qualified to do the job. The lesson: Don’t pull any punches on job reviews. A more honest evaluation could have proved that this employee wasn’t able to perform the job’s “essential functions,” meaning she didn’t earn protection under federal disability law.

6. Don’t interrupt workers’ break time Break times and meal times for hourly employees should be used for those purposes, not for work. If employees are interrupted too often during their breaks, they must be paid for that break time. Federal law says employees must be “completely relieved of duty” for their breaks to go unpaid. Example: Nurses at an Oklahoma hospital were regularly interrupted during their meal breaks to respond to patient problems and answer phones. The hospital didn’t pay the hourly employees for those breaks. The nurses sued, claiming they were owed overtime for those working-during-break hours. A federal appeals court agreed.

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Memo to Managers Re: Hiring/Interviewing

Top 7 reasons why the wrong people get hired

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obody ever sets out to make a bad hire. But it happens, even to the best hiring managers. Here are the top reasons that employers make poor hiring decisions, according to Personnel Decisions International, a Minneapolis-based personnel consulting firm: 1. Hiring managers don’t take time to do the job right. Making the extra effort to put together a systematic approach to staffing will prevent hasty decisions and costly bad hires. 2. You don’t know what you’re looking for. Because you don’t know, you probably aren’t going to find it. First, define the duties of the job and the qualifications needed to fill the position. 3. You’re looking for the wrong things. Make sure the characteristics you’re seeking are the ones that make the biggest difference. “Enjoys being with people” is not the same as “provides exceptional customer service.” Make a list of the characteristics you’re looking for in each new hire. 4. The best candidate doesn’t know about the position. By not effectively marketing the

job to the right candidates, you’ll find that the competition is acquiring the best people. 5. Hiring decisions are based on “gut feeling.” Handshakes, posture and grooming are important, but not reliable predictors of success. Look for fact-based indicators of an applicant’s past success. Also, hiring managers who are trained in performing job interviews are more likely to choose the best candidates than those who are not. 6. The wrong candidate didn’t get enough information to say “no.” Some candidates are a bad match. Better they should decide they don’t want the job after the first interview than after the second week or month on the job. That’s why it’s important to provide a full view of the company and the position, even the more mundane parts of a job. 7. You mistake credentials for accomplishment. Don’t be dazzled by diplomas, certifications and other credentials. Those are pieces to the puzzle, but you need to discover how the person can perform the job itself. That’s why rigorous evaluation of candidates’ skills and abilities can prevent you from hiring a poor performer.

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How to write effective, legal job descriptions

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hen writing a job announcement for an opening in your organization, make sure your listing is based on an accurate job description. Job descriptions are the cornerstone of communication between you and your staff. After all, it’s hard for supervisors to measure job effectiveness during performance reviews unless you and the employee both know what you expect. Also, carefully drafted job descriptions can be useful tools in court. For example, if an employee files an ADA lawsuit, courts will review what the organization has identified as the job’s “essential functions” to see if the charges have merit. Without a written job description, the court may decide for itself which functions are essential.

Key ingredients Job descriptions can be as brief as one paragraph or several pages long. At a minimum, a job description should include these elements: Title of position. Titles may seem unimportant, but they carry a great deal of weight in the workplace and in court. Each position’s title should match the level of authority and responsibility. Cross-check it against other titles in the organization. For example, your “administrative assistant” should be doing most of the same tasks as others with that title. Don’t upgrade employees by giving them inflated titles: You’ll only regret it later when they ask for more money or refuse to perform tasks they consider beneath them. Inappropriate titles also factor into dis crimination charges. For example, if your “director of distribution” is really a shipping clerk, be prepared to explain why you don’t pay that person the same as other “directors.”

Department/supervisor. Many job descriptions include the title of the employee’s direct supervisor, the department name and other identifying details that separate this position from others. Make sure job descriptions refer to other job titles, not names. For example, instead of saying the position reports directly to John Smith, say it reports to the senior vice president of sales. Essential functions/qualifications. The key part of job descriptions is an item-by-item list of the job’s duties and responsibilities. It’s important to identify which are the “essential” job functions critical to the job’s successful performance. One key legal reason: Employees can file ADA lawsuits only if they can prove they’re legally disabled and can still perform the “essential functions” of the job. If those “essential” duties aren’t detailed in a job description, they’re left open to a court’s random interpretation. To identify essential functions, look at the purpose of the job, the frequency of each function and the consequences if that func tion isn’t performed. The job description should also include the nonessential and less frequent job duties and functions. Four key categories to consider: • Physical skills (e.g., standing, walking, lifting, bending) • Learned skills (e.g., equipment proficiency, industry experience) • Job duties (e.g., travel, hours, shifts) • Behavioral skills (e.g., communication, leadership, time management) Results expected. Duties are just half the equation. What do other employees, departments and customers count on this

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erson to do? Include expectations relating p to deadlines, customer service and company success. Linking responsibilities to company goals helps the employee see how the position fits into the “big picture.”

Begin with action verbs in the present tense, such as “supervise,” “inspect,” “produce,” “organize,” “motivate,” “educate,” “administer,” “compose,” “analyze” and “repair.”

Writing tips

Avoid gender-based language, such as “salesman.”

Use specific and clear language. Instead of a general term like “good communication skills,” say the person needs “the ability to communicate company policies to non managerial groups in person and in writing.” Instead of saying the position “requires heavy lifting,” say it requires the ability to lift 25 pounds repeatedly overhead 10 times per hour while stacking appliances.

Update the description as often as needed. Review job descriptions periodically to ensure they accurately reflect the employee’s responsibility. Amend the document any time an employee’s duties change, and review those amendments with the employee. Bottom line: Never assume employees know what’s expected of them. Put it in writing and make sure they understand.

Job descriptions: A 10-point checklist Inaccurate, outdated or incomplete job descriptions can lead to confusion about responsibilities and potential legal trouble. Here’s a 10-question audit of your department’s job descriptions:

5. Does the job title still reflect the position’s responsibilities?

1. Does a job description exist for every position that you supervise?

7. Does the job description include appropriate qualifications for the position?

2. Do you regularly review job descriptions and update them to reflect changes in employee responsibilities? 3. Do you provide employees with written copies of their job descriptions? For each position, ask the following questions about the job description: 4. Is the job title accurate?

6. Are job titles consistent throughout the organization?

8. Does the job description accurately reflect the requirements of the job? 9. Are job functions and performance standards presented in clear, easily understood terms? 10. Are job descriptions free of references to age, race, gender, religion, disability or any other “protected” characteristic?

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Pre-interview phone calls: 6 do’s and don’ts

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elephone interviews should be more than just perfunctory chats that break the ice before the face-to-face interview. Done right, they can help supervisors save hiring time, screen out obviously bad fits and provide valuable insights into candidates’ skills and values. Here are six tips for your pre-interview calls: 1. Don’t wing it. Before the interview, read the applicant’s résumé thoroughly and prepare a list of questions. 2. Don’t use a speakerphone unless several people conduct the phone interview. It’s impolite and can turn off a candidate. 3. Don’t throw softballs. Ask the same types of specific and challenging questions you’d ask in person. Examples: “On your last job, how many times did you exceed your sales quota and by how much?” “Tell me about your familiarity with different types of software.”

That sets the tone for the face-to-face interview … if the person advances. 4. Do make notes about tone, not just words. Note whether the person sounds articulate, nervous, confident, authoritative or intelligent. Listen to the pitch, quality and speech tempo to pick up clues about the candidate’s attitude, energy level and enthusiasm. 5. Do listen for clichés, pauses and phrases the candidate uses to stall for time before answering. Such verbal crutches can indicate lack of preparedness or knowledge. 6. Do be on the lookout for candidates who try to control the interview by bragging about their strengths or focusing on certain issues. It’s easier for them to do that in phone interviews. To regain control, ask specific questions that require thoughtful explanations, such as, “What can you contribute to our organization that you think we don’t already have?”

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Improving applicant interviews: 10 do’s and don’ts

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nterviews play a crucial part in evaluating a job candidate’s suitability. To maximize your face time (or phone time) with an applicant, follow these 10 guidelines:

5. Do make it clear that you’ll verify résumé claims

1. Don’t talk too much

You’d be surprised how many candidates instantly admit to fudging their education or employment background or inflating their current salary.

Aim for an 85/15 split, with 85% of your time spent listening. Don’t rush to break a silence. Give applicants plenty of time to respond to each question.

2. Do know your legal limits Make sure all those involved in the interview process, including employees you bring in to meet the applicant, understand what they can and can’t ask legally. For example, avoid questions about a person’s marital status, number of children, child care plans, citizenship status, age (unless it’s a bona fide occupational qualification), names of relatives, religious affiliation, political affiliation or disability status.

3. Don’t ask questions off the cuff Prepare a list of questions and stick to those. A loose approach isn’t good for interviews. At best, it can be uninformative and, at worst, legally dangerous. And you’ll want to make a fair comparison among candidates by asking them all the same questions.

4. Do sharpen your focus During the first interview, find out as much as possible about the applicant, rather than detailing the open position. If you’re interested in the candidate, you’ll have more information on how to sell the person on the job. If you’re not interested, you won’t have wasted each other’s time.

That includes checking into current or former compensation.

The bonus: You’ll waste a lot less time and money checking out people who won’t pass muster.

6. Don’t forget your body language You can tip off interviewees by smiling at the “right” answers and frowning at the “wrong” ones, or by leaning toward or away from them while they’re responding to your questions.

7. Do mix harmless questions with pointed ones Focusing on too many critical issues early in the interview can seem like a grilling and unnerve the candidate. If a candidate seems to dodge an issue, drop it. If that question is critical to the job, return to it later.

8. Don’t become blinded by personal preferences Avoid letting a common interest/expertise that you have with the applicant bias your feelings favorably, especially if the interest is irrelevant to the job. Just because you both run marathons doesn’t mean the person can keep up the pace at work.

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9. Do phrase your questions offhandedly For example, the question “What would you say your greatest strengths are?” is less threatening than asking, “What are your strengths?” And, avoid putting the candidate on the defensive. A comment such as “That’s i nteresting. Could you tell me more?” is better than “Why?” or “What do you mean by that?”

10. Do try to link new questions with prior answers This type of bridge adds a relaxed, conversational tone to the interview and helps put the candidate at ease. For example, you might say: “So you enjoy taking on responsibility. Now, let’s talk a little about how you like to supervise.”

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When interviewing applicants, beware these red flags

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nyone who interviews job candidates should be on the lookout for certain warning signs during the interview. Although these signs may not knock the applicants out of contention, they should alert you to the need to tread cautiously. Specifically, be aware of candidates who: 1. Arrive late for the interview and don’t explain why. Even a lame excuse (“I had car/ bus/train trouble”) is better than no excuse. It may indicate that being late is a habit. 2. Use “they” or “them” when talking about a former employer and co-workers. The use of these plural pronouns may signify that the person felt detached from former coworkers. This may mean that the person could fail to build rapport with a new team. 3. Left jobs without giving sufficient notice. In some professions, as soon as someone announces he or she is taking another job, that individual is asked to leave imme-

diately. This usually happens in creative-type companies (e.g., advertising agencies) where confidentiality is an issue. In other cases, employers would expect an employee to give adequate notice, which is normally two weeks. Someone who leaves abruptly may have something to hide. 4. Seem overly focused on money. Salary is, of course, a primary issue in any job interview. But most candidates wait until the interviewer raises the subject, and they do not place all their emphasis on that topic. Other aspects of the position (responsibilities, quality of assignments, chance for promotion) should be on the person’s mind as well. 5. Give references reluctantly and ask for a day’s lead time to warn those references of your phone call. The person may want to brief the references on what to say. In any case, you probably won’t get the honest responses you were hoping for.

Good behavior-based interview questions Behavior-based questions provide insight into a candidate’s past performance. Here are some effective questions, suggested by Mindy Chapman, author of The HR Specialist ’s “Case in Point” employment law blog: • How can we best reward you for a job well done? • What have your mistakes taught you? • What frustrates you at work, and what do you do about it? • How do you like to be managed? • What kind of supervisor brings out your peak performance? • What’s the most useful criticism you’ve ever received?

• What one area of your work performance do you struggle with most? • Tell me about a time you had to quickly adapt to change. • In your position, are you a risk-taker, or do you play it safe? • How do you stay current with industry trends? • What do you think are key qualities for this position? • How has your current position prepared you for this job? • What are your three most important business accomplishments? • Tell me when your communication skills had an impact.

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6. Have a history of job-hopping. Many companies would view a candidate who has averaged more than one job every two years as a poor employment risk. However, because of the volatile nature of some professions, as well as the way some corporations are still downsizing, there may be extenuating circumstances. If you feel the prospect is otherwise a possibility, probe more deeply into the reasons behind his or her job track record. 7. Seem nostalgic about a past job. This person wishes to turn back the clock and return to a past employer. He or she keeps talking about how things were done there. You might not be able to bring this person into the present, let alone the future. 8. Talk more in terms of own needs. Do candidates talk about the job solely in terms of what it would do for them, rather

than pointing out what they could do for the company? 9. Talk more about duties than results. You want a person who gets things done. Someone who sees a job as a list of chores, without looking for the higher good to the company, is probably not going to be very productive. 10. Let you ask all the questions in the interview. You don’t want the interviewee to give you the third degree, but it’s reasonable to expect that he or she will ask some wellthought-out questions. 11. Were rude to your staff. Ask around after the interview to find out how the candidate was perceived by the receptionist and other workers. Someone who puts up a good front for you but presents another side to staffers should be regarded with caution.

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4 ways to spot job-interview liars

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reat résumés are a dime a dozen. That’s why smart managers use clever interview techniques to smoke out résumé lies and exaggerations. Here are four common fraud targets you should zero in on: 1. Academic credentials. Phrase some questions to determine whether the candidate really attended the schools listed. “Is William Drew still teaching Marketing 101 at your school?” If you made up the name and the person says, “Sure, he was my professor,” you know you’ve got a liar on your hands. 2. Time gaps. Ask about intervals during which the applicant apparently did nothing. Compare dates to those referenced on the job application. 3. Claims of supervisory duties. Probe

deeper when someone’s résumé says he or she has managed or supervised others. Ask, “How many people did you manage?” Don’t be satisfied with a number. “When you say you ‘supervised,’ what did your duties involve? Did you assign work, evaluate employees, conduct reviews?” A true manager would have done all that— and more. 4. Claims of saving the company money or time. Résumé comments like “made staffing change to cut clerical time” may mean the applicant trimmed a half-hour off his secretary’s lunch hour. Follow up on such claims with questions such as, “How exactly were those savings realized?” Also, probe deeper into claims that follow MBA words such as “reorganized,” “restructured” and “implemented.”

Look beneath résumé clichés for the truth Résumé fudging comes in all flavors. First comes the straightforward lie. Consider this story: Several years ago, the New York Port Authority wanted to know how many of its applicants would lie. It advertised an electrician job with experience using Sontag conductors. Nearly a third of those who responded said they’d had such experience. The only problem: Sontag conductors don’t exist. The applicants had lied. While such baldfaced lies aren’t always caught so easily, smaller-scale exaggerations and half-truths are even tougher to detect. In many cases, résumés are filled with vague wording that, in some cases, covers applicants’ flaws. Watch for clichéd phrases. If you see them, that’s your cue to ask for details.

What kind of clichés are we talking about? Here are the top 10 vague phrases used most often on résumés (and the percentage of times used), according to a ResumeDoctor.com study of 160,000 résumés: 1. Communication skills 12.6% 2. Team player 7.2 3. Organizational skills 5.5 4. Interpersonal skills 4.8 5. Driven 4.3 6. Detail-oriented 4.2 7. Results-oriented 3.8 8. Self-motivated 3.8 9. Problem-solver 3.2 10. Highly motivated 3.2

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Ignore job applicants’ claims of ‘good health’

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pplicants will slap anything on their résumés if they think it will attract the hiring manager’s eyes. So, recognizing the soaring cost of health insurance, more applicants these days are adding a “Health Profile” section to their résumés to show off their great medical condition. This “Hire me, I won’t raise your premiums” pitch might impress you, but don’t take the bait. Why? Basing hiring decisions on medical information could easily invite a disability or age discrimination lawsuit.

Playing to employers’ fears Some say this résumé trend is more prevalent among foreign applicants, particularly Euro peans. Others say they’re also seeing healthstatus claims on résumés coming from older candidates, who fear that age could scare away employers looking to keep a lid on health benefits costs. Decades ago, when the threat of discrimi nation lawsuits wasn’t an issue, applicants routinely listed health details on résumés

and applications. Job-seekers often included personal data such as height, weight, health condition, marital status ... even including photographs. But don’t be tempted to reach back to these “good old days.” You should never consider health status in job applications. Instead, focus strictly on job skills, work experience, education and career progression. Nothing else should taint the decision.

Stats to ignore on résumés 1. Age/birth date 2. Health status 3. Height/weight 4. Marital status 5. Political affiliation 6. Race/ethnic background 7. Religion 8. Social Security number

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Steer the interview back on track if applicant strays

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ou know that certain questions are off-limits in a job interview. Just one wrong query— say, about a candidate’s marital status or ethnicity—could run afoul of federal sex, age, race, religious, disability or national origin discrimination laws.

Applicant discusses his or her union activities or favorite church. Jump in and interrupt in a firm but polite tone, saying, “I have to ask that you stick to answering my questions about the job.”

But what do you do when a candidate volunteers such personal information? It’s too late to pretend you didn’t hear it. So follow the scripts below to pull the conversation back to appropriate topics in a nondiscriminatory manner:

To discover whether religious obligations would interfere with an applicant’s ability to work on Saturdays or Sundays, simply ask if there’s any reason the applicant would be unable to work the weekend hours the job requires.

Applicant announces she’s pregnant and has child care concerns. Don’t ask the applicant’s due date. Focus on her ability to perform the job. Shift gears and move on by specifying and repeating the job requirements. Then you can ask, “Will you be able to meet these requirements?”

Applicant says he or she used to live in another country. Rather than asking if the applicant is a U.S. citizen, ask if he or she has a legal right to work in this country. (If you ask this question of one applicant, you should ask all applicants.) Steer clear of further inquiry into someone’s national origin.

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Don’t show your cards before making a hiring decision

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hen interviewing job applicants, you should never indicate to the candidates any preference about whom you plan to hire. Provide only neutral comments until you’re ready to offer the job. Why the cautious approach? As the following court ruling shows, even one statement to a candidate hinting about who you think is the “most qualified” can show preference. And later on, that statement can be used in court as potential proof of your discrimination. Such statements alone could outweigh your defense that you had a legitimate reason for choosing one person over another. Case in point: Employee Loretta Wilson received steady promotions during her career. When she sought a VP position, the hiring

manager told her she seemed like the “obvious candidate … even though women aren’t typically in that type of position.” The hiring manager also told others that Wilson was the “most qualified” candidate, based on her experience. Two male employees were also interviewed for the VP position, and one was ultimately hired. Wilson sued, alleging discrimination in the company’s failure to promote her. Result: A federal appeals court sided with her. The court said the hiring manager’s “minipromises” weren’t direct evidence of discrimination, but they could be used to rebut the company’s argument that the male employee had shown better qualifications. (Wilson v. B/E Aerospace Inc., 11th Cir.)

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25 good interview questions ... and 8 to avoid

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hen preparing to interview job candidates, it’s important for supervisors to plan out their lines of questioning. Decide which skills are most important for that position, then focus your questions on assessing those skills. Here are some sample questions to work from:

1. Are you married? Divorced?

Employment history

5. What church do you attend?

1. If you had to evaluate your performance in your present job on a scale of 1 to 10, how would you grade yourself and why?

6. Do you have any debts?

2. What skills have you acquired in your present job that make you the right candidate for this job?

8. Do you suffer from an illness or disability?

3. Describe a recent event in your job that really challenged your capabilities. 4. Why do you want to leave your present job? 5. What have you heard about our company that leads you to believe you would like to work here?

Communications 1. Are you more comfortable working on a team or on your own? 2. What types of people do you find difficult to work with? 3. How often do you like to meet with your supervisor? 4. If you had an idea for a new project, how would you communicate it to your coworkers and supervisors and get it approved?

8 questions to NEVER ask 2. How old are you? 3. Do you have (or plan to have) children? 4. Do you own or rent your home?

7. Do you belong to any social or political groups?

2. How do you relieve stress on the job? 3. What tasks in your present job do you consider to be a waste of time? 4. Do you consider yourself efficient? Why? 5. If you were given a long-term project, how would you approach the work?

Motivation 1. Tell me about a situation where you really blew it. How did you handle it? What did you learn? 2. What motivates you to do your best? 3. Think of a major accomplishment you had in your present job. What aspect did you find most satisfying? 4. If you could buy any skill that you don’t possess, what would it be?

5. Describe what you consider to be the perfect boss.

5. What tactics should a supervisor use to get the best out of you?

Organization

Managerial

1. How do you go about planning your schedule for the day?

1. What qualities do you possess that would make you a good manager?

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2. Tell me about the best manager you ever had and what you learned from that person.

4. How do you create an environment that fosters teamwork?

3. Tell me about the worst manager you ever had and what you learned from that person.

5. How would you handle a conflict between your employees?

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Extract golden nuggets from reluctant references

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ven if you ran into a stone wall in the past trying to obtain references on prospective employees, don’t give up. It’s true that some bosses are reluctant to talk about former employees because they fear lawsuits if they give a bad review. But attitudes are changing. More states are pass ing laws that provide immunity from liability to businesses that provide references. And courts are giving employers more protection from defamation lawsuits. Once you reach that reference on the phone, what should you ask? Here are several questions to help elicit the info you need: • Is she eligible to be rehired? If not, is this because your organization has a general policy on rehiring employees, or is there another reason? • Would you highly recommend her? • How would you compare her work habits with those of her co-workers? • What do you think would be an ideal job for her? • Did she function better at your organiza tion working alone or as part of a team? • What, if anything, distinguishes her from others doing the same type of job? • What can we expect from her if she works for us?

• What were her primary job responsibilities? • During the course of her employment, who were her direct supervisors? (Provides additional references.) If you’re having a tough time inducing former employers to cooperate, use these three tactics: 1. Obtain written permission from applicants. Have applicants sign the form as part of their application. Offer to fax a copy of that permission to anyone who’s reluctant to answer your inquiries. 2. Promise former employers that their answers are confidential. Even with a copy of the permission form, some people will still be skittish about giving references in fear of a lawsuit. Promise to keep the answers confidential and stick to the facts. For example, ask, “Can you give me an example of a problem he solved?” rather than “Was he creative?” You’ll get the same insight without soliciting an opinion. 3. Give the task to the applicant. If you’re running into brick walls, have the applicant call his or her former employers and ask them to talk with you. That phone call may alleviate their fears about defamation and give you a clearer picture of how much the person really wants the job.

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Close the sale by conveying the right message

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art of your job when interviewing applicants is to discover their skill levels and see if they would be a good fit. But it’s also important to convey to prospective employees that “this is a great place to work!” That’s why everyone who comes in contact with prospective job candidates, from receptionists to hiring managers, must be a super salesperson at times. Here are five tips to help achieve that: 1. Exude enthusiasm for your job. No one wants to work for a company where people are unhappy. Convey to the candidate what you love about your job, the company and your co-workers. Smile and let your personable side show.

2. Bring in other satisfied workers. Intro duce the prospect to other employees who genuinely love their jobs and are good ambassadors of the organization. Select people who are friendly and able to generate the same enthusiasm to others. 3. Get specific. Don’t just say, “It’s a great place to work.” Say what you like about it: the benefits package, the location, friendly coworkers, challenging work, advancement, etc. Point out what sets the organization apart from its competitors. 4. Explain advancement potential. Candi dates will want to learn about their chances of

Don’t promise the moon, or push too hard Here are two key mistakes to avoid when interviewing job applicants: 1. Making promises. In most cases, people are “at-will” employees, meaning they can be terminated for any nondiscriminatory reason. But by making promises to applicants (even nonspecific promises such as “You’ll be with us a long time”), you will create an implied employment contract that could limit the employer to being allowed to terminate only for “cause.” 2. Overselling the job. If you have to beg someone to take a position, chances are both of you will be disappointed. It’s important to lay out all the job details and promote the positives. But be honest and don’t sugarcoat the less glamorous parts.

moving up. Use examples to make your point. But don’t make any promises of advancement; those promises could be legally binding. (See box above.) 5. Don’t wait. Subtly sell your organization even during the first meeting with applicants. That way, you can reinforce those points later in the hiring process.

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5 ways to fight new-hire no-shows

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t happens with maddening frequency: A promising applicant accepts an offer and then backs out at the last minute, or doesn’t show up on Day 1. Mid-level sales, financial and IT workers are most likely to pull the stunt, according to a survey of 100 search firms by Kennedy Information. To avoid being hit with this baitand-switch move: 1. Shorten the amount of time between the job offer and starting date.

2. Speed the evaluation process for certain jobs, such as entry-level positions, which have fewer criteria to measure. 3. Negotiate the offer quickly; don’t delay unnecessarily. 4. Consider signing bonuses for particularly hard-to-fill positions. 5. Hold off on announcing that the job is filled until the person actually begins work.

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Memo to Managers Re: Performance Reviews

How to conduct positive, valuable assessments

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ou’ve analyzed the data and completed the forms. Now you need to meet with the employee. While this is the part of performance reviews most managers dread, the session doesn’t have to be tense or uncomfortable. It can be a productive, enlightening and morale-boosting exchange. The key is to go into the review interview fully prepared and with the right attitude. Approach the evaluation as a mutual learning experience for you and the employee. You can gain valuable insights from your staffers, and you have information and experience that can help bring out their best. Don’t consider the review a critique of the staff member’s duties. Instead, look at it as a routine checkup. Go in ready to talk, listen and recharge your relationship.

Setting the right atmosphere Performance-related meetings and performance reviews are emotionally charged events. You can help reduce the tensions by choosing the right time, place and surroundings: The right place. Like any strategic plan ning meeting, hold your review in a private, neutral environment. A small conference room is ideal. If you can’t find a neutral room, use another manager’s office, preferably one with a casual seating area. The best time. Avoid meeting during busy or stressful times for the employee. Ask the staffer if the time you’ve chosen is convenient, and be ready to change if he or she seems hesitant. Don’t squeeze in a review between two other meetings or before lunch. Try not to hold reviews on a Friday afternoon, especially if you plan to discuss serious performance problems. Duration. Dedicate two uninterrupted hours to the discussion. You may not need

the full period, but it’s better to schedule too much time than too little. Atmosphere. Create an environment that supports discussion, cooperation and negotiation. Sit beside your staffer, not across the table. Place your paperwork near at hand, but not directly in front of you. You don’t want anything to distract you. If you must use your office for the review, come out from behind your desk. Interruptions. Eliminate as many interruptions as possible. Hold calls or forward them to voice mail. Put a “Do not disturb” sign on the door.

Focus your words on results Help the employee feel at ease from the outset. But don’t get caught up in small talk. False intimacy may increase the employee’s discomfort and destroy the meeting’s busi nesslike tone. By the same token, don’t make light of the review process or give the impression that you are just “going through the motions.” Emphasize that this meeting is important and you want it to be productive. Also at the beginning, provide an overview of the points you want to discuss with the employee. Make it clear that you don’t expect to do all the talking. Start by discussing any problems you’ve observed with the employee’s performance. Address each problem individually, cite specific examples and let the employee respond. Don’t bring up a new problem until you’ve thoroughly discussed the current one. Use the following framework to discuss each problem: Describe the performance problem. Focus on the employee’s results and behavior in specific, nonjudgmental terms.

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Reinforce performance standards. Your staffer already should know the standards you expect, so don’t spend a lot of time discussing them. Review them quickly, then move on. If the employee challenges the validity of a standard, calmly state your reasons for requiring it, and gently steer the conversation back to the reasons the person didn’t comply. If necessary, refer to the employee’s job description to confirm the responsibilities associated with the position. Develop a plan for improvement. Your review preparation should have included a plan for helping the employee improve per formance. During the meeting, the employee may suggest additional solutions. Agree on a method for improving performance in the short run, and establish some options in case the first method proves ineffective.

Turning a negative into a positive: 4 examples During performance reviews, use clear, nonjudgmental language that focuses on results and behavior. Notice the positive and negative aspects of these statements: • “Your work has been sloppy lately.” (Negative: too vague) • “Your last three reports contained an unacceptable number of statistical errors.” (Positive: cites specifics) -----------------------------------------------------• “Don’t you bother to proofread anything anymore?” (Negative: accusatory tone) • “Is there a reason these errors are still occurring?” (Positive: gives employee a chance to explain)

Offer your help. Show your commitment by helping your staffer obtain any necessary training, resources or other assistance to reach performance goals.

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Alternate negative and positive comments. If you have a list of performance problems to address, be sure to insert some positive comments along the way.

• “I know you’re capable of producing more accurate work.” (Positive: reaffirms confidence in employee’s abilities)

Emphasize potential. Remind employees that they can apply their strengths to their weaknesses. For example, an employee whose reports are riddled with statistical errors may have successfully designed a complex computer model. The employee clearly is capable of producing accurate work, so point that out.

• “You’re obviously not a mathematician.” (Negative: focuses on the person, not on performance)

-----------------------------------------------------• “Don’t let it happen again.” (Negative: blanket demands) • “How can we prevent errors from creeping into reports?” (Positive: asks for feedback on improving performance)

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Use performance logs to simplify employee reviews

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t happens to every manager: You sit down to prepare a staff member’s review and realize you can remember only what the person has done the past few weeks. Or, you allow only a single incident (good or bad) to color your assessment. If you’re relying solely on your memory to evaluate employee performance, you’re making appraisals far more difficult than necessary. That’s why it’s best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Performance logs needn’t be complicated or sophisticated. They can simply be sheets of paper in a folder or files on your computer. Choose whatever means you’re comfortable with. The key is to establish a system that you will use regularly. No matter how you take notes, make sure to keep them confidential.

Recording performance: 6 tips To begin the process, create a file for each employee you supervise. Include in each file a copy of the employee’s job description, job application and résumé. Then follow these steps for recording performance: 1. Include positive and negative behaviors. Recording only negative incidents will unfairly bias your evaluation. Make a point to note instances of satisfactory or outstanding performance, too. One way to ensure a balanced reporting is to update employee performance logs on a regular basis, instead of waiting for a specific incident to occur. 2. Date each entry. Details such as time, date and day of the week help identify patterns that may indicate an underlying problem before it becomes more serious.

Performance logs: What to include and leave out Include: • Project assignments and deadlines met or not met • Your assessment of the quality of an employee’s work • Instances of tardiness, work absences or extended breaks • Disciplinary discussions and actions taken • Employee responses to problems and questions • Positive contributions to the work effort • Details of significant personal interactions with the employee Don’t include: • Rumors or speculation about the employee’s personal life • Theories about why the employee behaves a certain way • Information about the employee’s family, ethnic background, beliefs or medical history • Your opinions about the employee’s career prospects • Unsubstantiated complaints against the employee 3. Write observations, not assumptions. In all log entries, be careful about the language you use. Performance logs can end up as evi dence in a lawsuit. Your log comments should focus only on behavior that you directly observe. Don’t make assumptions about the reasons for the behavior or make judgments

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about an employee’s character. Keep out any comments that border on personal comment or that show personal prejudice. Many employee lawsuits can be quickly dismissed if performance logs can clearly demonstrate a history of performance problems leading to the firing. 4. Keep out biased language. A good rule of thumb: Any statement that would be inappropriate in conversation is also inappropriate in an employee log. That includes references to an employee’s age, sex, race, disability, marital status, religion or sexual orientation. Don’t suggest reasons for employee actions or make connections between events without direct evidence.

For example, you may know that Dan’s wife recently filed for divorce, but don’t suggest in the log that his personal problems are the reason his work performance has slipped. 5. Be brief, but complete. Log entries should use specific examples rather than general comments. Instead of saying, “Megan’s work was excellent,” say, “Megan has reduced the number of data entry errors to fewer than one per 450 records.” 6. Track trends. If you begin to see patterns, make notes in the log or flag prior incidents of the same behavior. You don’t need to discuss every entry with your staff member. Bring your observations to the employee’s attention only after you’ve defined a specific problem.

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How to measure an employee’s ‘intangible’ traits

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s part of the performance-review process, supervisors are typically called upon to evaluate employees on the basis of intangible factors, such as cooperativeness, dependability and judgment. The higher up the organizational chart, the more important those traits become. Yet most supervisors find intangibles the most difficult factors to evaluate, probably because they seem so personal.

Rather than assessing concrete behavior, you may feel as though you are evaluating someone’s personality or human merit. While intangible factors may seem personal, they’re important to maintaining effective working relationships and getting the job done.

Match traits to the job One key to assessing an employee’s intangibles is to ask yourself which traits are vital for each

Performance-review checklist: Evaluating employees’ intangible characteristics As part of the performance-review process, super visors can use the following questions to help quantify the intangible qualities of their employees. PLANNING 1. Does the employee set verifiable short- and long-term goals? 2. Are the employee’s goals in tune with company needs? 3. Does the employee’s planning show sound assumptions reflecting the company’s goals and resources? 4. Does the employee typically achieve the expected results? ORGANIZATION 5. Is the employee aware of what is going on in his or her department, including who is doing what? 6. Does the employee know what the department can do in an emergency? 7. Does the employee do a good job of delegating work according to subordinates’ abilities? INTELLIGENCE 8. Does the employee see relationships between facts and draw appropriate conclusions quickly?

9. Does the employee learn from experience? JUDGMENT 10. When confronted with an emergency, does the employee quickly recognize the most important priorities? 11. Does the employee appreciate the financial implications of his or her decisions? 12. Does he or she make decisions quickly, but not hastily? INITIATIVE 13. Does the employee anticipate what has to be done? 14. Does the employee perform well in the absence of superiors? 15. Has the employee made original suggestions to improve operations? LEADERSHIP 16. Does the employee explain rather than command? 17. Do people listen closely when he or she speaks? 18. Does the employee spell out the benefits of doing things his or her way? 19. Does he or she deal smoothly with unex- pected developments? MM35

job. Cooperativeness may be critical for a staffer working on a team, but not for a security guard working the night shift. Initiative would be key for a product development manager, but less so for a payroll clerk. Before performing an employee’s review, critically review the intangible factors included in the person’s performance standards. You should be able to comfortably answer the question: “Why is this employee rated on this measure?” Remember, every performance measure should be rooted in a concrete operational goal of the organization.

Match traits to behavior You can’t help being subjective when evaluating intangible factors. But you can avoid bias by focusing on concrete examples of instances in which the employee displayed

positive or negative behavior regarding a particular trait. Keep good documentation during the year, preferably by keeping an ongoing, simple performance log for each employee. It should track specific examples of the person’s positive and negative performance and behavior. Include notes on intangibles as you go. When it’s time to discuss intangibles during feedback or formal review, do your best to tie those traits to tangible examples of workplace wins and losses. For example, you might say, “I was pleased by your efforts to solve that customer’s problem last week. You defined the problem, considered possible causes, brought together a team and solved the issue quickly. Your actions demonstrated initiative and sound judgment; you didn’t try to do it all yourself. You took responsibility for solving the problem, but you knew when to ask for help.”

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5 warning signs of performance-review problems

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ob reviews shouldn’t be paper-moving programs that return zero value. Here are five symptoms that warn of trouble in a supervisor’s appraisal process, according to Joan Rennekamp, HR pro at the Denver law firm of Rothgerber, Johnson & Lyons: 1. Employees are unpleasantly surprised by the ratings. Performance appraisals shouldn’t contain surprises. They should be a summary of comments employees have already heard throughout the evaluation period. Unpleasant surprises indicate that supervisors are not being candid or communicative with employees.

2. Ratings by one supervisor or department are uniformly excellent. Although it’s inappropriate to apply a “bell curve” to employees’ performance, it is also inappro priate to rate everyone at the same level.

3. Great employees don’t receive great ratings. Look around at the employees who are the strongest. They should be receiving the best ratings. If not, your appraisals aren’t rewarding those they should. 4. Employees who are dismissed have recently received excellent appraisals. One purpose of performance reviews is to provide documentation for the organization in case a dismissal is necessary. When the performance appraisal doesn’t support a later decision, it can make it more difficult for the employer to defend its actions. 5. Productivity generally goes down during appraisal time. The purpose of performance reviews is to increase productivity. Any process that’s not contributing to that goal should not be continued. If your system is not doing so, don’t hesitate to rate it as “unsatisfactory” and design a new one.

Self-test: Discussing performance problems 1. I address performance problems openly, without window dressing.

Yes

No

2. I illustrate problems with specific examples.

Yes

No

3. I focus the discussion on results desired from the employee’s efforts.

Yes

No

4. I give employees an opportunity to respond to problems addressed.

Yes

No

5. I present and discuss an improvement plan for each problem identified.

Yes

No

6. I help the employee set specific, realistic improvement goals, according to a reasonable timetable.

Yes

No

7. I help provide the employee with resources necessary to improve.

Yes

No

8. I communicate, through words and action, my faith in the employee’s ability to improve.

Yes

No

9. I commit to assisting the employee in any way necessary to improve.

Yes

No

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Avoid phrases that can sabotage job-review meetings

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hen you talk with employees about their performance reviews, beware of using common phrases that can unintentionally communicate the wrong message, or come across as too negative or personal. Certain phrases can kill employee morale, weaken productivity or open up the organization to a discrimination lawsuit. Your goal is to deliver reviews that help shape employees’ performance without becoming sidetracked by anger, emotion or fear of conflict. To do so, avoid the following phrases: “You’re wrong.” If an employee tries to explain why his or her job rating should have been higher, don’t slap back with a Trumplike, “You’re wrong.” That will only trigger anger and more confrontation. Instead, turn back to your documented facts of the employee’s performance and say, “I know you disagree, but I believe this evaluation accurately reflects your performance.” “What was your problem?” Don’t use the

question as a way to ask why an employee had difficulty completing a project or task. Employees will bristle at such a statement. Instead, say, “What were the conditions from your perspective that made it difficult for you to complete the task?” “You really did a great job but ...” What ever comes after the “but” negates the preceding compliment. Don’t directly connect praise with constructive criticism. Instead, say, “On the other hand, you can do even better by making these improvements.” Then cite them specifically. “I understand.” This phrase can excuse unacceptable performance or behavior by conveying empathy. Avoid it when possible. “Your position here is solid so long as you keep up the good work.” You may intend such statements to encourage good performance, but they’re legally dangerous because they imply an employment contract that a court could find binding. That limits the organization’s ability ever to fire the person.

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Male managers: Don’t ‘lighten up’ on females’ reviews

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t happens to top male managers with the best of intentions: You evaluate a poorlyperforming female employee, and instead of citing her problems straightforwardly, you unknowingly ignore or soft-pedal them.

“Some male managers tend to evaluate poorly performing female employees like they deal with their wives or daughters,” says Audra Bohanon, vice president of Novations, a Boston-based HR consulting firm.

This is a fairly common problem. Research indicates that male managers give female employees performance reviews that are not as forthright as those they give to men. Such softened appraisals can hurt the long-term performance of female employees.

2. Don’t soft-sell problems to spare feelings. Avoid saying something like, “Well, it’s not that bad, but you might want to keep working on this area over the next six months.”

Honest feedback from management is the No.1 aid to women’s careers, ranking higher than flexible scheduling, strong mentoring, effective diversity programs and employee support groups. To get the best work from female employees and head off performance problems, use these five tips to eliminate inadvertent gender bias in job evaluations: 1. Ask yourself these key questions: • Do I feel protective of women who work hard but are about to receive unsatisfactory evaluations? • Do I believe that female employees are more sensitive to negative reviews? • Am I tempted to downplay bad news to avoid hurting feelings?

Instead, say, “To move forward in this organization, you must improve in this area, and it needs work.” 3. Don’t expect women to respond emotionally to blunt reviews. Female employees actually consider negative feedback as more informative and give it equal weight to positive information. 4. Offer feedback on performance in key areas that aren’t directly related to specific job tasks. Example: “You need to collaborate more with peers to build relationships.” Male managers tend to avoid such topics with women. 5. Compare reviews to see whether a disproportionate number of male workers receive better assignments.

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4 steps to help employees reach their peak performance

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t sounds so easy: Expect high performance and you won’t be disappointed. Expect soso performance and that’s what you’ll get. But reality is more difficult. To help your employees maximize their productivity, use these four practices to define what you mean by high performance and lay out how you expect your people to attain it: 1. Involve them in setting goals. Never assume you’ve got buy-in. Rather than blindly dropping project goals, individual goals or the organization’s goals onto workers, approach them with the thought, “What do you think you can achieve?” Then negotiate your expectations. 2. Keep the goals realistic. Any goal— whether it’s at work, at home or on the ath letic field—needs to be difficult, desirable and doable. Setting goals too high will only deflate

the worker; setting them too low will erase the challenge of work, which will turn off the person in its own way. 3. Hit their buttons. People have their own motivations; find out what they are. Examples: the will to win, enjoyment of teamwork or a higher mission, such as helping clients succeed. Express the overarching vision, and then let your people figure out how to make it happen. 4. Avoid micromanaging. You may want to lay out every detail of how employees should achieve those goals, but resist the temptation. If you spend most of your managing time telling employees how to do their work, rather than trusting them to reach the clear goals you’ve set, you’re treading into micromanagement waters.

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Writing reviews: Steer clear of two common errors ay you manage a 55-year-old employee whose productivity drops over the year. Instead of citing specific, measurable examples of this decline in his performance review, you note, “Kevin doesn’t seem to have the energy level anymore to truly succeed in this department.” Still, you rate Kevin’s work as “average,” the same as last year.

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• Misinterpreting a rating scale or instructions. Example: Using a review with a 0-4 rating scale, a supervisor gives an employee a “2” in attendance and fires her. She sues, arguing that a “2” is average and acceptable, and wins. The supervisor wrongly believed that anything less than a “4” rating was unacceptable.

That example highlights two of the more common—and legally dangerous—pitfalls in writing performance reviews:

• Fear of confronting employees. Example: A worker has acceptable work quality but hurts morale because of poor teamwork and pushiness. To avoid an angry confrontation, the boss rates the employee as average in soft skills.

1. Evaluation of attitude, not performance. Vague statements that attack an employee’s demeanor could be interpreted as some kind of illegal age, race, gender or disability discrimination. Instead, supervisors should use concrete, job-based examples to illustrate any criticism. In the example above, referring to Kevin’s “energy level” could give him reason to complain about age discrimination. Instead, the review should have cited examples, such as “Kevin has completed three of the five major projects late this quarter and has not contributed one new product idea in six months.” For this reason, the word “attitude” should never appear in a review. Employment lawyers and courts often see that as a code word for discrimination. 2. Evaluation inflation. Supervisors too often rate mediocre employees as competent, competent employees as above average and above-average employees as superior. The problem comes when an employee is fired for poor performance yet his history of reviews tells a different story. The employee then has a supposed proof that the real reason for the firing was something else, maybe something illegal. Here are the main causes of evaluation inflation. Do any sound familiar to you?

• Giving positive areas too much weight over negative ones. Example: You rate a factory worker on quality, quantity, dependability, teamwork and safety. Quality is poor, but you rate it average because of the “glow” from the other categories, all rated above average.

Case study: Liability time bombs in job reviews Reviews should cite specific, well-documented examples of behaviors (pro and con). They shouldn’t use vague terms, such as “bad attitude” or “lazy.” Here are excerpts from actual federal government employee reviews that use funny, but legally explosive, language: • “She has delusions of adequacy.” • “I wouldn’t allow this employee to breed.” • “He would argue with a signpost.” • “When his IQ reaches 50, he should sell.” • “He brings a lot of joy when he leaves the room.” • “If he were any more stupid, he’d have to be watered.”

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Memo to Managers Re: Communication

The best managers are the best listeners: 4 steps

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anagers spend a good part of their workday listening to other people. But bear in mind, there’s a big difference between “passive” and “active” listening. In many cases, managers are too busy thinking about their response rather than listening to the employee’s full statement. In a business setting, this lack of attention can result in costly mistakes, wasted time, poor service and management failure. By listening fully and in a way that shows understanding and respect for the speaker, you develop a rapport and build trust. That’s the true foundation from which you can manage and influence others. Effective listeners use a four-step process to ensure understanding:

1. Listen to the total message If you hear only bits of what is said, you may draw the wrong conclusions. So, before you begin to frame your response, listen to everything the person has to say and give 100% of your attention. Find the main thought the person is trying to share and consider it from his or her perspective— not yours. Prove that you care by suspending all other activities. Don’t flip through papers or keep checking your watch.

5 bad habits to guard against To be an effective listener, you must pay keen attention to the speaker. Seems like common sense, but too often we don’t walk the talk. As managers, it’s important to model this behavior for employees and teach by example. To check your own effectiveness, take the following listening quiz to make sure you’re not guilty of these bad habits: 1. Are you constantly trying to jump in, finishing people’s sentences when they pause too long? 2. Do you step on people’s sentences by talking before they’ve finished speaking? 3. Do you fail to make eye contact with people who talk to you, or give them verbal cues that you’re listening (e.g., head nod)? 4. Do you often say “Yeah” or “Uh-huh” while others speak? 5. Do you often make the same point someone else just made, or ask a question that’s just been answered?

Some positive nonverbal signals: • Moving from behind the desk • Maintaining eye contact

2. Prove your understanding by using nonverbal signals

• Leaning forward slightly

Let the person know that you’re paying attention through your nonverbal cues. Doing so sets a comfortable level for the conversation and encourages the other person to keep talking. It also demonstrates that you’re interested in the topic and paying attention.

• Nodding to indicate agreement

• Raising your eyebrows when the speaker makes a significant point

3. Use open-ended probes These are questions that allow the other person to respond at length, rather than with just

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a “yes” or “no.” Open-ended questions begin with words like “why,” “how,” “explain” and “describe.” By asking these types of questions, you’ll encourage the other person to share his or her opinions and feelings and elicit additional information. Be aware of how many open-ended questions you ask. Then consciously try to increase the number. You’ll find that the quality of your communication improves dramatically.

4. Paraphrase what you hear To say “I understand” isn’t enough. People typically need some sort of evidence of your understanding. In addition to nonverbal cues and questions, prove your understanding by briefly restating the information you’ve just heard or by asking a question that proves you know the main idea. You don’t do this to prove that you were listening to the person, but to prove that you understand them. There’s a big difference.

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Setting deadlines for employees: 4 do’s and don’ts

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ithout deadlines, employees flounder. They can’t be aware of the urgency or priorities of a project unless their supervisors tell them. Following are four tips to help supervisors set realistic deadlines for their employees:

1. Do be specific Name the target day and time. And mean what you say. If you ask for completion “next week,” don’t complain on Friday that you really needed it on Wednesday. If you say, “By the end of the month,” be sure that 5 p.m. on the afternoon of the 31st is acceptable. By contrast, if you wanted the project c ompleted by 9 a.m. on the 31st so you could present it to your boss that afternoon, say so. Otherwise, you won’t meet your boss’s deadline.

2. Do clarify priorities Let people know if this assignment takes precedence over any other projects they’re working on now. Avoid the old, favorite deadline “ASAP,” which usually translates in an employee’s mind as “whenever it gets done.” What does ASAP mean? Drop everything and work overtime, or first finish up what you’re already doing? Even worse: Never tell employees to work on something “when you get a chance.” If you do, don’t be surprised if it never happens.

3. Don’t set false deadlines Setting a deadline earlier than necessary (because you don’t trust your employees to meet the real deadline) creates more problems than it solves.

Your staff will soon learn that’s how you operate and will assume there’s always air in the schedule. As a result, they’ll always miss that first deadline, just as you knew they would. Nor should you claim that a project is a rush job that just came up when, in fact, you’ve sat on it for a few days. People have a way of finding out the truth. Also, being dishonest about deadlines can hurt you later when a project truly is a rush job. Your staff may not believe you and won’t make the extra effort to get it done on time. One caveat: If you have a new employee, you may want to allow extra time in the schedule for revisions. Let the employee know that you’re building review time into the schedule.

4. Do establish an update schedule The best-laid plans can go astray, and so can deadlines. You’ll minimize the chance of this occurring by setting up a progress report schedule when you assign the project. This is especially important for working on long-term projects. When you make the assignment, discuss how you and the employee will communicate about his or her progress. Do you want the person to stop by your office once a week and give you a quick status report? Send you a daily email? Update the status at the monthly staff meeting? The schedule should be reasonable and convenient for both of you. It should make sense in terms of the length and complexity of the job, as well as the employee’s competence and experience. Whatever you decide, now’s the time to set the schedule.

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6 ways to help employees do their best each day

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manager’s job is 100 times easier and more rewarding when his or her employees are performing like a well-oiled machine. But when that machine runs slowly or breaks down entirely, a manager’s job becomes exponentially harder. Here are six tips for keeping employees on task and working together toward the common goal, according to a report by OnPoint Consulting:

1. Clarify, clarify, clarify It’s hard to get things done when people don’t understand their roles, responsibilities or exactly what’s expected of them. Too often, supervisors assume their employees understand what needs to be done. Or, they fear they’ll insult an employee’s intelligence by stating what seems obvious to them.

without much direction from managers—are often great employees. But just because you feel like you can let them loose with a project doesn’t mean they don’t need management. In fact, when you empower employees in this way, monitoring becomes even more important. You may be concerned they’ll think you’re micromanaging them. Don’t be. When done right, monitoring doesn’t have to feel like micromanaging. Use these checkins as an opportunity to recognize effective behavior and get their feedback.

4. Encourage employees to share bad news with you How? Don’t shoot the messenger!

2. Establish clear expectations

If there’s a problem, mistake or delay, employees may be hesitant to inform you. They may fear your reaction or think they’ll look incompetent. That’s why it’s important to react correctly to bad news. Strive to be constructive, not punishing. Express appreciation for the accurate information, no matter how negative it may be. Respond quickly to the problem with specific actions.

Goals are an important part of clarifying. They help employees focus on what’s important and provide incentives to find more efficient ways to get work done.

5. Solve problems quickly, but not too quickly

Don’t underestimate the importance of making certain that everyone is on the same page. Clearly communicating roles and duties is never a wasted effort.

The only way to improve the way you’re doing things is to set clear, measurable goals and constantly monitor your success in those areas.

3. Don’t micromanage entrepreneurialminded employees. But do monitor them Entrepreneurial-minded employees—those who take initiative and do an effective job

Don’t waste time when dealing with threats or problems. But be aware that jumping to solutions too quickly can end up causing more headaches. Smart managers know when additional information or analysis is essential—and when it will only delay action without adding value. Before taking action, managers should always use a systematic, logical analysis to identify the cause of a problem.

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6. Encourage informal interaction Your employees’ informal relationships are key to getting things done. The ability to connect with a colleague “in the moment” when you have a problem or new information is vital for effective execution.

But in today’s high-tech world, it can be difficult to make these connections. Don’t let co-workers in departments go days just emailing back and forth. Facilitate informal gatherings to brainstorm and hash out problems face to face.

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Listen for subtle whispers of employee turnover

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ost good employees don’t stand up one day and quit out of the blue. They send off subtle hints that, if you’re listening, you can act on before the good employee walks out the door. That’s why it’s important to listen to statements like these that can act as an “advance warning system” for employee turnover: • “This job isn’t what I thought it would be.” Rather than exploring what the employee was originally told or trying to defend miscommunication, focus on the present. Ask, “How do you want your job to be?” • “I’m at a plateau. I can’t grow here.” Consider that a plea for job stimulation. Provide the employee with new responsibilities, cross-training opportunities or exposure to influential mentors. • “I don’t get any feedback.” Most employees crave regular input from their supervisors. Don’t leave them in the dark. Plan regular sessions to discuss ongoing projects and performance.

• “This place has too much politics.” While you may not be able to eliminate all dissension and politics playing in the organization, you can level with the employee. If someone makes this complaint, address rumors head-on, and don’t play favorites.

Plug holes in morale with three questions To discover potentially serious threats to morale, periodically ask employees the following three questions. Then, use their answers to assess whether they’re disgruntled or dedicated. 1. “If you knew what you know now, would you still have taken this job? Why or why not?” 2. “In an ideal world, how would your job change over the next year?” 3. “What is your favorite part of the job?”

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7 common employee gripes (and how to silence them)

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recent study says that 40% of managers in the United States are considered “bad bosses” by their employees. Yet most man agers assume that their relationships with their employees are running smoothly. Obviously, some of those bosses are wrong … and that can create major problems for a business. A Gallup Poll says organizations are 50% less productive—and 44% less profitable— when serious boss-employee conflicts exist. According to a recently published book, 30 Reasons Employees Hate Their Managers, some common employee complaints about management, plus ways managers can silence them, include: 1. “My boss doesn’t respect me.” • Get to know your employees as people. • Treat them as adults and respect their privacy. • Recognize that employees have lives outside work and try to accommodate those needs. 2. “Nobody appreciates my hard work.” • Provide regular feedback and recognition. • Mix an equal number of “thank-yous” and “good job” with your critiques. Ask employees for their ideas, and then use them. • Thank and reward employees while they’re in the act of performing well; don’t wait for their next review. 3. “There are different rules for different people.” • Focus on being fair and consistent with the workload, pay, perks and appreciation. • Be aware of the legal risks of making work decisions based on race, age, gender, religion or disability status. 4. “My performance reviews are useless.” • Provide continuous feedback. Nothing in the review should come as a surprise.

• Involve employees in setting goals, and adapt a development mind-set. • Focus on specific employee behaviors (and cite documented examples). Don’t criticize the person’s character traits. • Conduct reviews on time. 5. “My boss micromanages my work.” • Realize that employees are not happy when they can’t make decisions. Delegate when possible. • Allow employees to have more say in how they do their work. 6. “We have too many meetings.” • Institute a time limit on meetings. • Use a meeting facilitator. 7. “I hate coming to work.” • Ask employees what specifically would improve their outlook. Try to at least meet them halfway. • Consider how you can enrich jobs (or juggle tasks among employees) to make them more motivated.

What makes a good boss? Qualities that U.S. workers consider necessary for being a good boss (in order of importance), according to a Yahoo! survey: 1. Communication/listening skills 2. Effective leadership skills 3. Trust in their employees to do their jobs well 4. Flexibility and understanding 5. Intelligence 6. Teamwork skills 7. Even temperament

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8 little things managers can do to retain the best

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hen good employees leave for greener pastures, it makes a manager’s job much more difficult. Managers can prevent this syndrome by doing what they can to make their own pasture the greenest. While compensation helps, it’s not always cash that makes pastures greener. When salaries are equal with the marketplace, other factors take priority. Here are eight easy-to-plant “seeds” that help keep employees growing and content, according to a KEYGroup report: 1. Keep them engaged. Bored employees are neither happy nor productive. To keep your employees engaged and satisfied, present them with challenging assignments and opportunities to grow and develop. Consider ways to provide opportunities for employees to improve on their skills or learn new skills they can use in their jobs. 2. Give praise where praise is due. If someone does a great job, let the person know. It’s that simple. And then let his or her co-workers know. Then let the customers know! Recognizing a job well done isn’t an expensive proposition, but it will mean the world to your employee. 3. Be aware of employees’ changing needs. As your employees progress in life, their needs change. After having a child, an employee may want to travel less. As your baby boomer employees get older, so do their parents. They may need to take time off to care for the health needs of their mom or dad. By recognizing these changing needs, you show sensitivity to what’s going on in their lives. This builds loyalty and helps bring sta bility to their personal lives, which means they can focus better at work. 4. Realize that great employees thrive under great leaders. Employees won’t leave for greener pastures unless you drive them.

The buck starts and stops with their leaders. Employees of great leaders will go to the ends of the earth to do a good job for them. The flip side is that employees with poor leadership will simply go. 5. Conduct regular “stay” interviews. Rather than exit interviews, use regular “stay” interviews to provide an opportunity to compliment high performers on their work and inspire them to do more. Use these interviews to gauge how well you are meeting employees’ needs. Seek out their suggestions on what you and the company can do to improve. 6. Create an environment where people can do their best work. By allowing employees to develop and implement their own ideas, you’ll keep them passionate about their work. Make sure they have the right tools and equipment they need. Nothing frustrates employees more than not having everything they need to get their jobs done. 7. Create an environment of trust. Employees are happier and work harder when they trust their leaders. They decide which leaders they can trust based on how their fellow employees, company vendors and customers are treated. As a leader, it’s important to ask yourself: Do I treat people at work with respect? Do I behave ethically and hold others accountable for their actions? When an employee sees his or her manager treating someone poorly—whether it’s a vendor or a fellow employee—the employee’s level of trust in the whole company diminishes and he or she cares less about doing a good job. In addition, remember that trust is a twoway street. Your employees need to feel that you trust them as well. MM46

8. Rid your pasture of weeds. The weeds are those poor performers and negative employees who stifle the good attitudes and high performance of their co-workers. If you’re not pulling out your weeds, they’ll choke out your best performers. Obtain consistent feedback and keep good documentation so you can sort out employees. The bottom line: Striving to keep employees happy and engaged is not just a “nice” thing to do. It’s the only way to create a successful business.

How satisfied are U.S. employees with their current jobs? Very satisfied

38%

Somewhat satisfied 41% Neither satisfied nor dissatisfied

9%

Somewhat dissatisfied 8% Very dissatisfied

4%

Source: SHRM

And it’s not just a matter of trying to retain people to avoid the high cost of recruitment. Engaged employees are creative, productive, motivated and brimming with good ideas. Not only will they stay, but they’ll be fully committed to their jobs, to you and to the company’s success.

The top 10 aspects of employee satisfaction 1. Compensation 2. Benefits 3. Job security 4. Work/life flexibility 5. Communication with management 6. Feeling safe at work 7. Recognition from management 8. Relationship with supervisor 9. Autonomy, independence 10. Opportunities to use skills Source: Society for Human Resource Management

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Confronting poor performers: 6 tips for managers

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o manager enjoys having “the talk” with employees. But ignoring an employee’s poor performance won’t make the problem go away; it will only make things worse. If you’re apt to take the head-in-the-sand approach to employees’ job failings, you’re not alone: Only 31% of U.S. workers agree with the statement “My manager confronts poor performance,” according to a recent KEYGroup survey. And companies that tolerate poor performance will drive away top performers who are unhappy working in such an environment. The solution: Approach workers about their performance problems in a fair, problem-solving manner. When you confront such people in a tactful way, you’ll find that one of two things happens: They improve or they move. According to the KEYGroup, here are the six rules of engagement:

1. Be specific If an employee has been consistently late, specify the number of times or amount of time. Avoid exaggerations, such as “You are totally unreliable.” Instead, say, “This is the third time in one week that you have been at least 10 minutes late.” If this issue has been a problem in the past, remind the employee when you have pointed out the offense previously. Say, “I indicated to you last Tuesday that coming in late is not acceptable.”

2. Focus on business reasons Always refocus the employee on the stated business reason for your comments. Example: “It’s important for you to be here at the designated time since customers rely on our immediate responsiveness when they have questions about their order.”

If you need to correct something like inappropriate casual dress, reiterate the company guidelines. Don’t comment on the employee’s personal taste. Straying into areas that have nothing to do with workplace performance will result in a loss of credibility with that person. Stay focused on the employee’s job performance and how it affects the company.

3. Give timely feedback A common management mistake is to bombard employees with feedback at their appraisal, but remain mostly quiet during the rest of the year. The appraisal should be a review of the discussions held during the year. Nothing mentioned at that time should come as a surprise to the employee. That’s why it’s vital to provide all employ ees with both positive and negative feedback on a consistent basis. Poor performers require more feedback, not less. Make them aware of what they did wrong immediately. One caveat: Don’t try to give corrective feedback when the person is upset or emotional. Wait until the employee has calmed down.

4. Consider employee’s personality Everyone handles feedback differently. Some people want it straight while others are more sensitive. With an employee who wants straightforward feedback, you can get away with saying, “You gave the customer the wrong information because you didn’t have the updated manual. How do you think we should handle it?” To get through to a more sensitive employee, take a different approach. For instance, “I understand why you provided the customer with this information. Are you aware

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that the guidelines have changed? What do you suggest we do in this situation?” Regardless of the person’s personality, be clear and straightforward in your communication.

Giving employee feedback: It’s as easy as A, B, C Accurate. Offer objective, concrete descriptions of the problem, not vague statements. Provide specific examples and dates, backed by documentation. Avoid words like “always” and “never”; they’re exaggerations and don’t usually reflect realistic frequency. Business-oriented. Focus on the business reason for the corrective comments. Stay away from personality critiques. Be able to point to written employee goals and company guidelines that aren’t being met. Consistent. Provide regular feedback throughout the year; don’t dump it all on the employee at performance review time. Include what was done, the impact and how it will be eliminated (negative) or repeated (positive) in the future.

5. Check for understanding Avoid asking close-ended questions during the discussion or when summarizing. At the end of a confrontation, don’t ask, “Do you understand?” The employee could simply say “Yes.” Instead, ask the employee to summarize his or her understanding of the situation. Have the person lay out actions, steps or accountabilities that were discussed.

6. Keep a paper trail of discussions Good documentation, such as a performance log for each employee, allows you to easily identify and prove recurring problems. (This could also help if the employee decides to sue.) After each meeting with the poor performer, take notes that summarize the discussions. Include the problem, the action taken to correct or eliminate it, the dates, the result that occurred, and any comments that will help you recall feedback sessions when you complete the performance appraisal. Don’t let the performance log become a little black book of mistakes and errors. Also include examples of acceptable and/or outstanding performance.

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Helping employees accept change in the workplace: It’s all about the 4 C’s

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ew project. New boss. New goals. New office. Employees are constantly facing changes to their work environment. Supervisors who are able to understand the impact of those changes on their employees —and are able to help them through those unsteady times—will earn their employees’ trust and loyalty. To start, you must first understand why people are so quick to resist change. By knowing this, you can make intelligent decisions about how to introduce changes. Initial response is often negative. People seem to instantly scan any new changes for any factors that aren’t to their benefit. Then they complain about it. This negative focus often blocks their awareness of positive aspects. Also, when employees do welcome changes, that initial optimism is sometimes followed by a period of regret (the “buyer remorse” phenomenon). The bottom line: Expect negative reactions and plan accordingly.

tion. Too often, managers throw a change out there and expect others to say, “Well, that’s just fine.” That’s not likely. To get people to accept change, the first step is to understand what, from their perspective, they feel that they’re losing. If you can empathize with their feelings—and possibly compensate for the loss—you’ve taken a giant first step toward acceptance. Here are four more factors—the four C’s— to promoting acceptance of change: 1. Caring. Listening and responding to people’s reactions is just as important as explaining the reasons for change. 2. Control. People want input into how change will be implemented. But never ask for input unless you plan to consider it. 3. Choice. Employees feel better if they are given options as part of the change process. The more choices they have, the more they feel in control.

Change equals loss. One main reason for the negativity: When things change, you lose something. You may gain something as well, but a loss is usually involved. For example, employees may win promotions but also lose the comfort of their previous jobs.

4. Competence. Workers are happier about change if they feel they have the skills and abilities to succeed after the change. The faster you can help someone move through the learning curve, the faster they will accept the change.

Acceptance requires planning

So, before you begin to implement any important change with employees, take time to develop a plan that incorporates those four features.

If you want employees to accept change, invest some time in planning and communica-

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15 questions to ask employees in their first 60 days

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ecruiting, hiring and training new employ ees can eat up a manager’s time. The last thing a manager wants to do is restart the process all over again because that new hire just stood up and walked out the door after three months. To avoid repeating that time-consuming process, it’s important to talk with new employees soon after they arrive to uncover potential problems that can cause turnover. Many managers make the common mistake of waiting until an employee’s performance or behavior shows problems before talking with the employee. By then, however, it can be too late. The employee is halfway out the door.

Make it a point to meet with new hires within the first 60 days. Your goal: Discover their likes/dislikes about the job and environment, see if the job meets their expectations and nip potential problems in the bud. View these one-on-one chats as a contin uation of new-employee orientation and a way to gain fresh insight into your department and the organization. Start the meeting by reminding new employees that you’re glad they’re part of the organization, and that you value their input and observations. Then, ask some of the following questions, adapting them to your own needs: 1. Why do you think we selected you as an employee? 2. What do you like about the job and the organization? 3. What’s been going well? What are the highlights of your experiences so far? Why? 4. Do you have enough, too much or too little time to do your work?

5. How do you see your job relating to the organization’s mission? 6. What do you need to learn to improve? What can the organization do to help you become more successful in your job? (Don’t ask these two questions unless you are prepared to follow up with action. Otherwise, you can build false expectations, and that can cause disappointment.) 7. Tell me what you don’t understand about your job and about our organization. 8. Compare the organization to what we explained it would be like. 9. Which co-workers have been helpful since you arrived? (Goal: Pinpoint which employees can be influential in retaining the new hire.) 10. Who do you talk to when you have questions about work? Do you feel comfortable asking? 11. Does your supervisor clearly explain what the organization expects of you? 12. How does it go when your supervisor offers constructive criticism or corrects your work? 13. Do you believe your ideas are valued? Give examples. 14. How well do you get along with your co-workers? 15. Have you had any uncomfortable situations or conflicts with supervisors, co-workers or customers? Finish the discussion by asking the employee if he or she has any questions for you or suggestions on how the job can be managed better.

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Memo to Managers Re: Coaching and Motivating

The 8 steps to a successful coaching discussion

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hen you think of “coaching,” you probably envision an athlete listening intently, but silently, to his all-powerful coach. But in the workplace, coaching shouldn’t be a one-sided affair. In any type of coaching meeting—from on-the-fly feedback to formal performance reviews—both manager and employee should participate actively, sharing perspectives and ideas. The meeting should always end with a mutual agreement about what actions will be taken or what will be done differently in the future.

Here are eight steps to conducting a successful coaching discussion with an employee, according to a report by Marie G. McIntyre, Ph.D., author of the Your Office Coach website. 1. Determine your goal. Be very clear about what you hope to accomplish in this conversation. Then be sure to keep the discussion on track. 2. Recognize strengths. Discuss what the employee does well. Even if problems exist, also point out the person’s talents or accomplishments. If the goal is for the person to learn a new task, discuss why you think he or she will be successful. 3. Explain the problem (or need) in neutral, factual terms. Describe the problem that needs to be addressed or the skill that needs to

be learned. If there are problems, don’t sugarcoat them so they no longer sound like problems. Be direct, but not critical or blaming. Discuss job behaviors or tasks, not personality traits. For example, don’t say the person “has no initiative.” Instead, give concrete exa mples of tasks that aren’t being completed or problems that aren’t being resolved. 4. Ask questions. Get the employee’s point of view. It’s important to ask a question early. Otherwise, the employee will feel you’re lecturing. 5. Describe the impact of the problem. Sometimes, the employee really doesn’t under stand the effect of his or her behavior on others or on the overall work effort. Describe how he or she is adversely affecting productivity, co-workers, the organization, the employee’s career, you, customers, etc. 6. Get input on possible solutions. Before you suggest a solution, hear what the employee has to say. Often, he or she will come up with a better idea. 7. Agree on action steps. At the end of the discussion, agree on specific actions to take and the timeline. Schedule a follow-up discussion to assess progress. If you skip the action steps, nothing is likely to happen. 8. Follow up on your agreements. If you don’t, you’ll send the message that the issue wasn’t very important.

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How to counsel employees with attitude problems

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ith some employees, the problem isn’t a matter of ability; it’s a matter of attitude. This can manifest itself in everything from quiet disobedience to outright insubordination. How should you respond? Rather than becoming entangled in a debate about the employee’s dysfunctional attitude, address the situation strictly as a behavioral problem. That way, it’s not only easier to resolve, but also a better way to make a case for dismissal. Your first step is to document the behavior. Write down specific verbal and physical behaviors and actions that concern you, hurt team morale, damage productivity or reflect badly on the organization. Don’t forget to record nonverbal behaviors, such as rolling eyes, clenching fists and staring into space.

Narrow the issue to the precise problem. Identify exactly what type of behavior the attitude has caused. This list may help: • • • • • • • • • •

Carelessness Complaining Disruptive or explosive conduct Inattention to work Insensitivity to others Insubordination Laziness Negative/cynical posture Surly/inconsiderate/rude talk Excessive socializing

Record the frequency of such misconduct, plus how it affects work flow and colleagues’ performance. List good business reasons why the behavior must end.

Taming the shrews: 10 tips for dealing with attitudes 1. Put problem people in perspective. Don’t take their antics personally. 2. Go somewhere to cool off. You can’t concentrate on constructive, creative alter- natives while you’re clinging to anger. 3. Learn to respond as well as listen. Be assertive. Don’t expect an employee to read your mind. Let the person know when you’re annoyed, upset or disappointed. 4. Give and request frequent feedback. Don’t stew over what an employee may be thinking. 5. Look at policies first. No matter how angry someone’s behavior makes you, don’t say or do anything until making sure you’re on safe ground.

6. Deal directly and discreetly. Choose face- to-face talks in private to discuss an employee’s attitude or behavior. 7. Always document. Keep a record of all communications to prevent lies or faulty recollections from taking over later—and as a defense in case of legal action. 8. Be straightforward. The more you remain matter-of-fact, the less you encourage an employee to play games. 9. Be gracious. Someone’s rudeness doesn’t give you the right to respond in kind. 10. Be prepared to fail. Some people with attitude problems can’t be saved, no matter how much counseling you provide.

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Meeting with the employee When you sit down with employees to discuss attitude problems, try to determine whether they have a reason for their behavior. Is it a grudge against you or against the organization in general? If you can’t get to the root of the problem, don’t think you can’t resolve it. Describe the behaviors you won’t tolerate, and tell the employee firmly that those behaviors must stop. Too often, managers fail in their counseling efforts because they skip this (sometimes uncomfortable) step. Also, make sure the employee understands why the behavior must end. Explain how it’s causing a problem.

Follow up with a description of the preferred behavior, such as cooperation, helpfulness and courteousness. Don’t feel bad about being direct. Every manager has the right to demand that employees behave in a courteous and cooperative manner. Finally, give the employee the opportunity to speak. The person may be unaware of what he or she is doing or not realize how it impedes other people’s work. It may also turn out that the attitude problem is a symptom of a more serious problem that needs referral to the employee assistance program.

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How to identify (and reverse) employee disengagement

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recent Gallup Poll says less than one-third of U.S. employees are actively engaged in their jobs. That’s why it’s important for managers to watch for the early signs of employee disengagement and try to pull those employees back from the edge.

How can you see the slide? Employees stop offering suggestions. They contribute less in meetings. They’re negative or indifferent to co-workers’ ideas. They hesitate to volunteer for projects. They make less eye contact. Breaks are a little longer. Absenteeism and tardiness increase, along with criticism of the organization. Don’t wait until a worker flips the disengagement switch. Talk to the employee in the early stages. Say, “I’ve noticed a change in your performance lately and I’m wondering what’s contributing to it.” Stress that you want the employee to succeed. In fact, the best strategy is prevention. Managers who maintain good relationships with their employees are more likely to keep them engaged, experts say. Here are seven other ways managers can help keep employees engaged: 1. Accept diversity of ideas and thought. Managers who show an interest in what employees say are more likely to keep them engaged. “They don’t listen to me” is a common complaint of disengaged employees. 2. Share responsibility for success, and don’t blame others for your mistakes. When you make a mistake, say so. Otherwise, employees lose respect. 3. Demonstrate honesty and integrity. Do what you say you will do. Employees never feel good about working for managers they don’t trust. 4. Help employees solve problems. Assist different employees in different ways. Some

workers are entrepreneurial and require minimal assistance. Others require more of a partnership approach. 5. Show respect. It starts with basics like “hello,” “please” and “thank you.” Demon strate your interest by asking, “How was the camping trip?” Employees who feel invisible become distant. 6. Don’t set unrealistic performance goals. Make sure employees have the skill and training—and are in the right job slots—to meet your expectations. 7. Be passionate about success. Recognize, acknowledge or reward your employees’ contributions to the organization’s success in front of all of them. Continuously ignoring employees’ victories will feed disengagement. A final note: Employee disengagement can be contagious. By tuning in to early signs of employee tune-out, managers can help cut turnover, keep productivity humming and maintain morale.

The 3 types of employees 1. ENGAGED employees work with passion and feel a profound connection to the organization. They drive innovation and move the organization forward. (Engaged employees are 29% of the U.S. workforce, according to a Gallup Poll.) 2. NON-ENGAGED employees are essentially “checked out.” They’re sleepwalking through their workday, putting time—but little energy or passion—into their work. (56% of the workforce) 3. ACTIVELY DISENGAGED employees aren’t just unhappy at work: They’re busy acting out their unhappiness. Every day, these workers undermine what their engaged coworkers accomplish. (15% of the workforce)

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How to counsel employees who have personal problems

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t one time or another, most employees you manage will have personal problems that hinder their job performance. Often, the problems aren’t serious, and employees can quickly return to normal productivity. But in some cases, deeper personal problems can cause long-time, productive employees to suddenly underperform, become tardy or react differently to co-workers.

10 signs of a troubled employee

1. Tardiness

2. Excessive absenteeism

3. Pattern absenteeism (Fridays, Mondays, etc.)

4. Changes in co-worker relationships

This is relatively common: 10% to 20% of employees have personal problems that reduce their productivity by up to 25%, according to the U.S. Department of Labor.

5. More time on phone with family

6. Outward anxiety or stress

7. Tearfulness

In such situations, you need to analyze the problem and meet with the worker. But it’s vital that you talk with such employees in the right way. Why? You don’t want to offend or embarrass the employee, nor do you want to spark a complaint or a lawsuit.

8. Defensive behavior

9. Irritability

A lawsuit is possible because the federal ADA covers employees with “perceived disabilities” as well as real ones. So if you say the wrong thing (“I can see you’ve got psy chological problems”) and then fire the person, that employee could file an ADA lawsuit, saying the organization perceived his or her mental disability and should have accommodated it.

6 steps to effective interaction Use this process to identify and confront employees with personal problems: 1. Stay alert to signs. To determine if it’s a personal problem rather than a skill deficit or bad attitude, your main clue is the employee’s history. A solid staffer whose performance turns iffy may have suffered a shift in attitude or run into a personal problem. (See list at right for telltale signs.) 2. Document the performance problem. You should do this anyway, but in the case

10. Emotional outbursts

of a personal problem, documentation can help alert the troubled employee to the harm his or her problem is inflicting on the organization. Plus, your notes lay down a record to help defend your decisions in case of a later complaint. 3. Meet to discuss the poor performance and/or policy violations. You don’t need to confront the employee at the first sign of trouble, but don’t wait until his or her job record has been seriously damaged. At the meeting, use concrete examples to point out performance problems. Ask what’s causing the problems without referring to health or emotional behavior. It’s OK to say: “I see a change in your work behavior. I’m not asking about your personal situation, but we, as a company, care about you.” 4. Focus on work-related facts. The issue is work performance, not a divorce or a son’s schoolwork. Avoid focusing on personal problems, and gently remind employees that MM53

they’re responsible for their work, regardless of what’s going on at home. Also, don’t characterize the employee’s physical or emotional state with comments like: “You don’t seem well emotionally,” “You look depressed” or “You seem drunk.” (The ADA covers depression and alcoholism, and an employee fired for poor performance could sue, claiming the firing resulted from a falsely perceived disability.) 5. Describe the consequences. Explain that the performance problem could lead to the loss of a promotion, at the least, or even

the job itself. Provide a description of how the employee’s performance must improve to be considered acceptable. 6. Don’t be too sympathetic to the person’s problem. That could lead you to say something like: “Don’t worry about your job—it’s safe.” A statement like that could provide evidence if the employee is later fired and sues. Even if you suspect the employee is depressed or is an alcoholic, you’re not a therapist. Keep everything within the business context. Refer the person to HR or to the employee assistance program.

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Use the right words when pointing people to employee assistance programs

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n employee assistance program (EAP) is an employee benefit available through many group health plans that helps employees deal with issues such as depression, family crises (divorce, death, etc.), alcoholism, drug addiction, teen problems and suicide prevention. EAP counselors, typically by phone, will either handle the problem or refer employees to the appropriate local providers. When you mention to employees that the company has an EAP service, do so in a generic and consistent manner. Say something like: “I want to let you know that we have trained professionals available to assist employees in a wide range of areas, including family problems, illnesses, elder care,

finances, depression, drug addiction and more. Here’s how to contact them ...” Leave it up to the employee to contact the EAP. That approach informs the employee without singling out a specific problem. Never say anything such as, “The EAP has good drug counselors” or “Mike was depressed, and the EAP really helped him.” Note: If an employee seems unable to stop talking about her problem after she’s opened up to you, say something like: “Laura, you’re giving me too much personal information. I care about you, but I’m not your best resource. Remember, we have an EAP to help us at times like this. I’m sure they’ll be able to help you better than I could.”

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7 ways to get the most out of Millennial employees

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n today’s workplace, many supervisors have to manage people from four generations, all of which respond to different kinds of carrots, sticks and management styles. The breakdown: • Traditional workers: born before 1946 • Baby Boomers: 1946–1964 • Generation X: 1965–1979 • Millennials: 1980–1995 According to anecdotal information and research (see box below), managers in U.S. organizations are having the hardest time managing the newest entrants to the workforce. Millennials—also known as Gen Y or the Entitlement Generation—carry the reputation of being opinionated, tech-savvy multitaskers who were raised on constant praise, whether they deserved it or not. Researchers say the result is a generation of workers who don’t like to take orders and have no fear of job-hopping. The key to managing this generation is flexibility. Millennials crave it. As long as they produce results, don’t violate company policy and aren’t shown favoritism at the expense of co-workers, it’s wise to try to manage to their strengths. Here, according to researchers, are seven ways to coax the most productivity out of Millennial workers:

Which generation is the toughest to manage?

Millennials Generation X Baby Boomers Not sure

Source: Atlantic Associates survey

53% 17% 14% 16%

1. Place them on teams. Millennials perform best and are happiest when working as part of a small group. They grew up as parts of social and technological networks with friends and family. 2. Offer a plan for success. Millennials work best when they have timetables and goals that spell out the steps they must take to succeed. 3. Avoid the “my way or the highway” approach. Get-tough approaches send Millen nials looking for other jobs. They don’t fear disciplinary action or being fired. One report said Millennials think of themselves as products on eBay, willing to quickly jump to the highest bidder down the street. 4. Provide face time. Try to offer employees—especially Millennials—some amount of feedback and interaction each day. The Entitlement Generation grew up with constant parental guidance, and they expect something similar in the workplace. Millennials expect to knock on your door and be able to ask questions about any subject almost anytime they want. 5. Don’t motivate with traditional workplace values. Provide fulfilling and challenging work for Millennials, and try to allow them to balance career and play. That’s more important to them than job security, climbing the corporate ladder or sacrificing for the good of the company. 6. Don’t ignore their ideas. Millennials will freely offer opinions on a variety of topics, but they expect bosses to implement at least some—or at least take them seriously. This generation grew up with parents, coaches, relatives and teachers who aimed to nurture their creativity, not say “no.” 7. Don’t be easily ruffled. Millennials aren’t afraid to tell managers or senior co-workers that they are wrong. As long as they do it respectfully, allow them to share their opinions. MM55


5 simple ways to salvage a ‘below-standard’ employee

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very manager faces employees who exhibit below-standard performance. These aren’t terrible employees who should be shown the door, but they’re not achieving the quality or quantity of work they’re capable of. Unless the performance issue is addressed directly, it’ll only get worse. Too many managers try to deal with such employees by sending subtle signals. Not smart. According to an OnPoint Consulting report, here are the five best ways to give below-standard workers a performance boost: 1. Paint a clear picture of what “good” performance looks like. It’s not enough to say, “Joe, you need to be more proactive.” What does that really look like? Perhaps Joe

isn’t taking the initiative to share information with team members, or he isn’t anticipating problems or informing clients of key decisions. But until you can articulate specific behaviors and outcomes, it is very difficult to communicate which standards are—or aren’t—being met. 2. Communicate your expectations in plain English. It’s not fair to hit them with corrective feedback or a bad review if you haven’t made your expectations clear. When setting goals, it’s helpful to clearly state, “Here’s what meeting expectations looks like, and here’s what exceeding expec tations would look like.” Clear and agreedupon expectations provide a solid foundation

Turning underachievers into overachievers: How to spark the turnaround Dealing with underachievers requires using your judgment and some knowledge of human psychology. Here are some ways to get your underachieving employees moving in the right direction: 1. Talk about it. Communication is the key to managing anyone—underachievers and everyone else. If you can’t seem to communicate with the underachiever, get one of the person’s peers to sit in on the meeting. Maybe the peer can get through where you can’t. 2. Expect more from them. What you expect from people is often what you get. If you write off an underachiever, he or she is likely to live up to your low expectations. Underachievers need more responsibility, not less. 3. Keep them stimulated. Example: Assess the competence of people who are low on the totem pole and then give them coaching. That approach has a twofold benefit: (1) If they’re learning more, they’ll feel better about themselves. (2) If they feel better about themselves, the organization will benefit.

4. Train people to train. Using lower-level workers to train others serves as a morale booster. Plus, when they train, they learn more themselves. Underachievers who are given this kind of leadership role have a better attitude, their productivity is higher and they have more self-esteem. 5. Use the team approach. This is often a successful approach with underachievers. You want to draw them into a unit that’s bigger than they are and give them a purpose outside themselves. They need to know that their emotional connection with the company has a direct effect on company profits. If they don’t care what happens to the company, they’ll likely leave. 6. Don’t be afraid to discipline. Employees, especially underachievers, need discipline and structure. They need to know that someone’s watching. Not everyone can function independently. Instead of making the manager the disciplinarian, try to set it up so the team acts as the disciplinary influence.

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upon which to provide recognition and feedback. 3. Don’t let expertise or revenue production be a get-out-of-trouble-free card for the employee. (Or a get-out-of-confrontation-free card for you!) Even though Sally brings in a big account, she isn’t necessarily doing a good job. If she’s brusque or condescending with co-workers, she’s slowly poisoning your culture. If the organization’s values are to have any real meaning, then “how” work gets done must be considered just as important as “what” gets done. 4. Raise performance concerns while they are fresh. Confrontation can be awkward and

difficult, but it must be done. It’s the only way to prevent performance issues from becoming a problem employee. But don’t wait to give feedback on formal reviews. Behavior change is much more successful when efforts are regularly reinforced. 5. Celebrate small victories. Recognize progress toward improvement. Too often, managers reserve recognition for their top performers or “save it up” until poor performers reach a certain standard. But it’s important to recognize all positive behavior, especially when it’s a step in the right direction for an employee who has a performance issue. This helps build momentum and confidence.

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Memo to Managers Re: Management Skills

8 steps to becoming the manager your employees need

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o much attention is paid to whether employees are “engaged” in their jobs or not. But managers at all levels need to periodically ask themselves a similar question: Are YOU engaged in managing your employees? In an effort to “empower” their staffs, too many managers take a completely hands-off approach, leaving employees alone unless they really need help. But this can create a rudderless ship and, as author Bruce Tulgan calls it, an “under-management epidemic.” The truth is, employees look to their immediate bosses to get what they want and need at work. To become the type of strong manager that your employees need, Tulgan suggests these eight steps in his book, It’s Okay To Be the Boss:

1. Get in the habit: Manage each day The only alternative to “management by special occasion” is getting in the habit of managing every day. Start by setting aside one hour every day—before anything goes right, wrong or average. Concentrate on certain employees each day. The goal is to make these one-on-one sessions routine, brief, straight and simple—15 minutes should be all that you need.

2. Learn to talk to employees like a performance coach The best way to build rapport with employees is actually by talking about work. The most effective managers have a way of talking that is both authoritative and sympathetic; both demanding and supportive; both disciplined and patient.

• Describe the employee’s performance honestly and vividly. • Develop concrete next steps. • Don’t wait for problems to start before beginning to coach an employee.

3. Take it one person at a time The alternative to “one-size-fits-all management” is to customize your approach to every person. The best way to tune in to individual employees is to continually ask yourself some key questions, such as: “What do I need to talk about with this person? How (and when and where) should I talk with this person?”

4. Make accountability real Employees need to trust that their bosses will establish fair and accurate processes for tracking their actions and tying their behavior to real consequences. Make sure your employees know they’ll have to explain their actions to you up close and often. Focus on concrete actions within the direct control of the employee. Separate your role as the boss from your personal relationships with employees.

5. Don’t be shy about telling people what to do and how to do it How are employees supposed to meet— much less exceed—expectations if nobody tells them in clear, simple terms exactly what’s expected of them? Successful managers give concrete directions, goals and deadlines. • Ask employees to think out loud about how they might approach their assignments.

This special way of talking looks a lot like performance coaching. Specifically:

• Ask basic questions: “Can you do this? What do you need from me?”

• Focus on specific instances of individual performance.

• Ask probing questions: “How are you going to do that? What steps will you follow?” MM57

• Ask short, focusing questions: “How long will each step take? What does your checklist look like?” It is simply a fallacy that rehearsing the wrong ways of doing things is a good way to learn how to do things right. The best way to engage employees in adopting the best work practices is to convert those practices into standard operating procedures. Give employees step-by-step checklists. Follow up, follow up and follow up some more.

6. Track performance at each step Knowledge is power: The more you keep track, the easier it will be to keep track. The greater your reputation for being all over the details, the more people will be likely to share information with you and answer your questions fully and honestly. Monitor, measure and document performance—good, bad and average—with every employee, every step of the way.

7. Do more for some, less for others You can’t do everything for everybody. But why would you want to?

Be generous and flexible with your time and your direction. Expand your repertoire of rewards, and start using every resource you have to drive performance. Make a point of talking with your best people to find out what they really want or need. Make the quid pro quo explicit, and help people earn what they need every step of the way.

8. Solve small problems before they turn into big problems Without regular daily or weekly conversations, you have no natural venue in which to provide employees with regular evaluation and feedback—good, bad or neutral. As a result, dealing with problems becomes a difficult conversation to be avoided. Most problems grow with time—they don’t just disappear. But with regular guidance and feedback, small problems can be solved early. Addressing one small problem after another is what continuous performance improvement actually looks like.

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Improve your time management: 6 tips for managers

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or many managers, the clock is their biggest adversary. Finding enough time in the day to complete every necessary project can be difficult. But the old adage “Work smarter, not harder” is based on the concept of managing the minutes in your day more efficiently.

stop to chat or run on too long at a meeting. Don’t expect them to pick up on your subtle cues—like a door half shut or your frazzled look—that you’re on a tight deadline. State clearly that “I have to finish this project by noon; can we discuss this problem right after?”

Here are six tips to help you work toward that goal:

4. Create a time log. Jot down what you do all day, in increments of 15 minutes, for a week or two. You’re looking for patterns of waste, interruptions that can be halted and tasks that can be delegated. This will help identify inefficiencies in your day.

1. Create quiet times. Essentially, this is time when you block out all interruptions. Inform your staff that a certain time, say 2 p.m. to 3 p.m., is off-limits except for emergency questions. Or you can set aside quiet times on a case-by-case basis by posting something on your door. Chances are, if you create quiet times, your staffers will solve problems on their own more efficiently. If quiet times aren’t an option, you can break away from interruptions by finding an empty office. 2. Handle paper only once. Productivity experts agree that the number one way to save time is to handle each piece of paper only once. If you pick up a piece of mail, deal with it right there. Act on it! Toss it in the trash, file it for future reference in the appropriate place or hand it off. If you read a memo, report or article and then hold it to deal with it later, you’re wasting time. The exception: when you put it in a reading file for those times when you’re waiting at an airport and have time to kill. If you’re not saving it for an otherwise wasted time, act on it immediately.

Those informal conversations with coworkers can be valuable, but if they’re taking five hours out of your workweek, that’s more than 12% of your time! For time-management masters, a time log will help you further identify areas to curb. 5. Do what’s most important. Time management isn’t just doing more; it’s doing what’s important. Jotting down what you have to do isn’t enough, especially if it’s scattered on sticky notes. You also need more than a list of what needs to be done. The most important part of time management is identifying what’s important: to you, your boss, your staff and the organization. Use that to decide what to tackle, and do it when you have your best boost of energy, such as first thing in the morning. 6. Stop working in crisis mode. If it seems like you’re always putting out fires, here are some tips to stop that cycle:

The same is true with email and voice mail. When you read or listen to it, decide right then and there what to do with it. Don’t save it for a later date; that creates more work in the long run.

• Set realistic deadlines. Many crises occur because people rush through their work to make tight deadlines. So, when you’re involved in setting time frames for big projects, add a cushion to allow for emergencies that will inevitably arise.

3. Limit the length of interruptions. Be honest with employees or co-workers who

• Prevent recurring “emergencies.” If you encounter the same emergencies over and

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over, find a way to fix them for good. If an employee keeps making the same mistake, hold him or her accountable with a progressive-discipline deadline.

If a vendor keeps getting your order wrong, start searching for a new vendor.

• Let employees solve the problem. Your job as manager isn’t to dive in and automatically take over the moment a crisis occurs. It’s usually best to guide employees to their own solutions. If you give them the opportunity to fix a problem, they’ll learn how to stave off problems in the future.

11 ways to reduce the stress of your job There’s no single magic bullet that will erase your work-related stress. Instead, a series of little steps—like the ones listed here—can work even better:

6. Don’t lug around a full briefcase with material you don’t need. It’s not good for your back or your outlook.

1. Write everything down. Don’t rely so much on your memory.

7. Focus on using the resources you have instead of complaining about the resources you lack.

2. Allow a little margin of extra time for everything.

8. Tackle your toughest task in the first 10 minutes on the job.

3. Review your standards to make sure they are not unrealistic. Perfectionism breeds stress.

9. Give yourself deadlines; start early and stick to them.

4. Always have a “Plan B” to fall back on if “Plan A” doesn’t work out.

10. Set realistic goals for each day.

5. Organize your desk before leaving each day. Put the most important job on top so you can focus on it first thing in the morning.

11. Question the purpose of meetings. If possible, find an alternative way to distribute information.

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Are you a micromanager? Control the process, not the people

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s a manager, you must remain involved in your employees’ activities. But where does involvement stop and micromanaging begin? Sticking your nose too deeply into an employee’s work process can be counterproductive. Let’s say you overheard an employee refer to you as a micromanager. To find out if it’s true, answer the following questions using this scale:

4 = Very often

3 = Often

2 = Sometimes

1 = Seldom

0 = Never

HOW OFTEN DO YOU … ___ 1. Give specific directions about how you want a task completed? ___ 2. Wonder what employees are doing and whether their time could be spent better? ___ 3. Reject an employee’s suggestion because it isn’t how you would perform the task?

___ 7. Delegate work in increments rather than explain the entire project at once? ___ 8. Resent or refuse to answer questions about “why” a task needs to be done? ___ 9. Find employees coming to you with multiple questions to which they should know the answers? ___10. Talk most of the time during strategy meetings or brainstorming sessions?

SCORING 30 to 40: Your employee is right: You’re a micromanager. You may be focusing too much on how employees perform the work, not the outcome. Instead of always explaining how something should be done, explain what you’re trying to achieve. After all, your employee may know a faster, better way. 20 to 29: Shift your focus to results. You’re not a “dyed-in-the-wool” micromanager, but you need to loosen the reins a bit. Give employees more space to make decisions.

___ 5. Worry about whether a key task will be done right or on time?

10 to 19: It’s not your fault. If you’ve answered the questions honestly, you’re not micromanaging your employees, but you still have a problem. They view your critiques negatively, so you need to work on communicating your expectations and feedback more effectively.

___ 6. Sneak a peek when your employee isn’t around to see how a project is progressing?

0 to 9: He must have been talking about someone else. The complaint is probably an isolated remark.

___ 4. Get annoyed when a normally capable employee makes a simple error?

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7 tips for documenting employee discipline

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ou need to be careful when writing up employees for disciplinary reasons. That’s because how you document the problem can cause problems if an employee files a lawsuit. To protect yourself and the organization, follow these guidelines when documenting employee discipline: 1. Be consistent. Don’t write up one person for a behavior that you ignore in other employees. When in doubt, check to see how similar problems have been documented in the past. 2. Be specific. Example of poor documentation: “Employee was late three times in the past month.” Better: “Employee was 30 minutes late on Feb. 5; reason given: traffic. Employee was 45 minutes late on Feb. 9; reason given: overslept. Employee was an hour late on Feb. 23; reason given: car problems.” 3. Write in a clear, factual manner. Note the policy or procedure that the employee has violated. Remember to date the document, including the year. 4. Avoid emotional content, including personal impressions (“I think ...”), labels (“He’s a whiner ...”), adjectives (“very unproductive ...”) and drawing conclusions about the reasons for the employee’s behavior (“It’s probably because of her divorce.”). 5. State the consequences if the behavior continues. Example: “If the employee is tardy again this month, he will be fired.”

6. Ask the employee to sign and date the document if it’s going into his or her personnel file. If the employee refuses to sign, note that on the document. 7. Give employees an opportunity to respond in writing and include the response in their files.

What should you document? ✓ Excessive tardiness, unexcused absences. ✓ Incompetent job performance. Cite attempts you make to help the employee improve. ✓ Failure to comply with policy or with established safety procedures. ✓ Physical violence, verbal threats. ✓ Complaints of sexual harassment or discrimination. Include details of your followup investigation. ✓ Proven instances of on-the-job drunkenness or drug use. ✓ Positive performance. (Ironically, failing to document a positive performance can strengthen an employee’s claims of discrimination. A file of all-bad comments may look like a setup.)

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Is your employee discipline fair? A 5-question self-test

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hether it’s deserved or not, the perception that management is “against” employees, once earned, is difficult to shake. That’s why it’s vital for supervisors to make sure that they treat everyone fairly and consistently at all times, especially when disciplining employees. To make sure your disciplinary actions are fair, ask yourself the following questions before taking action against an employee:

3. Has the discipline been administered after a proper investigation of the facts? (Be a neutral fact-finder until you gather all the facts.) 4. Is the discipline taken too quickly? Overly hasty discipline may be portrayed as “railroading” the employee.

1. Does the punishment fit the crime? Or is the employee being singled out?

5. Is the discipline confidential? It’s important that you don’t spread stories about why certain employees are being disciplined.

2. Is the discipline consistent? How have you treated employees who have shown similar conduct in the past?

Discuss disciplinary actions with other managers and staff members only on a needto-know basis.

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Don’t let opinions of employees cloud your decisions

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performance? Managers more readily accept explanations from employees they like.

The key is to make sure those personal opinions don’t influence your decisions regarding employees’ work assignments, performance reviews and day-to-day treatment.

2. Do you dismiss certain employees’ poor performance by saying, “But he tries so hard”? That’s a common justification for giving likable poor performers the benefit of the doubt.

o manager is without biases. You naturally take more of a liking to certain employees than others.

Employee favoritism doesn’t just create morale problems; it can also create legal trouble for the organization. That’s because employees may view that preferential treatment as illegal discrimination, based on their race, age, gender or religion. Studies show that managers often unknowingly give the benefit of the doubt to employees they like, even employees who are average or subpar performers. Such managers focus on their “friend” employees’ strengths while zeroing in on the weaknesses of employees they dislike. A recent study in the Harvard Business Review found that most managers would rather work with “lovable fools” than “competent jerks.”

5 questions to identify bias To determine if you let personal opinions cloud your judgment (and treatment) of employees, ask yourself these questions: 1. Do you routinely accept excuses from certain employees who deliver below-average

3. Are you “personality neutral”? Think about one employee you like and one you don’t like. Does your personality change dramatically around the likable person? 4. Do top performers distance themselves from your favored employees? The best employees resent the preferential treatment of less talented employees. As a result, top performers avoid the lovable fools. 5. Do poor performers hang out with favored employees? The worst producers may hope to gain management’s favor by associating with well-liked employees. Final tip: Neutrality is important, but don’t talk yourself out of liking an employee. Likability is part of a person’s competence, especially in customer-centric positions. Instead, don’t let your opinion stop you from being tough when needed. While it may be uncomfortable to approach employees whom you like about their performance or behavior problems, it’s vital to becoming an objective manager and avoiding legal complaints down the road.

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Cut turnover by identifying disenchanted workers

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ost managers have experienced a situation in which a rising star in their department suddenly resigns. Managers may feel shocked by such events. But if you know how to look for the warning signs of employee discontentment, you can often see such “surprise” resignations coming ... and take quick action to prevent a good employee from becoming an ex-employee. While employees in your department may seem content, salary surveys show that more than half of people are always looking for a new job. Being able to spot the signals of employee unhappiness gives you two options. First, it allows managers to step in, address the problem and help retain the employee. Managers can affect the top reasons that employees leave. Second, if the employee still decides to leave, identifying that “at-risk” employee ahead of time gives you a head start on making hiring plans and redistributing the person’s workload.

Four signs of discontent To spot a disenchanted employee, here are four key signs to look for: 1. Waning initiative. Employees who were once energetic now lack enthusiasm. They do just enough to get by and avoid extra effort. Their suggestions, questions and volunteering stop. They no longer say, “I have a new way to do that,” or “Why are we doing it that way?” 2. Increased self-isolation. Employees tend to pull away from co-workers when

they’re dissatisfied and preparing to leave. They attend fewer lunches and are quieter when they do. They chat less in the office and during breaks. 3. Decreased effort. Employees arrive later, leave earlier, take longer breaks and spend more time on the phone. 4. Changing body language. There’s less eye contact and fewer smiles. The lights in the eyes dim.

Run a salvage mission If you suspect a valued employee is thinking about leaving, consider one of these approaches: 1. Initiate a one-on-one “stay” interview. Instead of waiting to do exit interviews when employees quit, you can perform “stay” interviews to find out what makes them happy or unhappy, and find out what you can do to make their jobs more fulfilling. Start the meeting by saying, “I don’t want to lose your talent. I can’t make magic happen, but I need to know what’s important to you and find out if I can address it because your skills matter to this organization.” 2. Or, bring others into the meeting. Identify people who have the greatest impact on the employee and form an “influence team” to attend the meeting. This type of approach works best with entry-level workers. The influence team could include another employee, a manager or an HR person. The team can interview the employee, take notes on any concerns and develop suggestions for retention.

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Know best days of the week to hire, fire and do evaluations

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ou can obtain the best possible results from employment actions simply by performing them on the optimal day of the week, according to outplacement consulting firm Challenger, Gray & Christmas. Here are its suggestions: Fire on Mondays. This lets dismissed workers start looking for a job right away. Make job offers on Thursdays. If candidates need time to think, you can give them

one extra day. If you give them the whole weekend, they may find another offer. Give good job reviews on Fridays. It sets the mood for a good weekend, which can be a reward in itself. It also prevents satisfied workers from “kicking back” for the rest of the week. Give poor job reviews on Mondays. This provides employees time to work out improvements during the week, instead of stewing about them all weekend.

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How your management style can stop workplace violence

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orkplace violence has gone far beyond the stereotype of the disgruntled postal worker. No workplace is immune. In fact, each week, an average of 20 employees are killed and about 18,000 are assaulted on the job, according to government statistics. What triggers on-the-job violence? The top reasons: personality conflicts, workrelated stress, family or marital problems, mental illness, firings, and drug and alcohol abuse. An American Management Association survey found that the most violent incidents occurring on the job involve (in order): 1. Employee and employee 2. Employee and supervisor

3. Treat employees fairly and equitably, and apply rules consistently. If you are inconsistent or unpredictable, your employees will be unsure of your expectations and become frustrated. Communicate clear standards of performance and behaviors, then set a good example yourself. 4. Provide feedback throughout the year. Saving up all your critiques for performance reviews can intensify anger and spark violence. 5. Get to know your employees, but keep it professional. Remember that engaging in relationships with employees that are too personal or too informal may lead to misunderstandings, as well as to other employees feeling alienated.

3. Customer and employee 4. Employee and spouse/significant other Also, lawsuits surrounding workplace violence are rising. Legal action often centers on negligent-hiring and negligent-supervision issues. So, what can you do? If you tolerate negative behaviors among the employees you supervise—or display those behaviors yourself—you can contribute to an unsafe work environment. That’s why it’s best to: 1. Address misconduct right away. Allowing aggressive or inappropriate conduct without taking action can foster a workplace in which employees feel harassed or intimidated. Notify HR with questions or concerns about discipline or potentially explosive situations. 2. Provide clear rationale for decisions. Making employee-related decisions without employee input or explanation can lead to frustrated employees who don’t feel valued as anything but “worker bees.”

7 ways to spot a potentially violent employee 1. Becomes withdrawn and quiet, while typically outgoing and communicative. 2. Starts arriving to work late, argues with co-workers and behaves erratically. 3. Voices a new interest in weapons, explosives or other violence. 4. Persists in expressing romantic interest toward a co-worker who is obviously not interested. 5. Takes no interest in maintaining personal appearance or hygiene. 6. Makes comments about violent means of dealing with, or coping with, a particular situation. 7. Talks about “having nothing to lose” or not caring about anything anymore.

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Employee fraud: Know whom (and what) to look out for

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ou may be surprised to know that U.S. businesses lose an average of 6% of their annual revenues to employee fraud and theft, and smaller businesses are even more vulnerable.

ment of funds. Here are the top five categories to watch out for:

So, instead of just trying to shield your organization from outside intruders, you may want to focus security efforts equally (if not more) on stopping in-house thieves.

2. Payroll schemes. Employee makes false claim for compensation.

When it comes to preventing in-house fraud, knowledge is power. Here’s a sketch of whom and what to watch out for:

Most common perpetrators Position: Lower-level employees account for 68% of all workplace fraud, compared with managers (34%) and execs (12%). Tenure: Employees with longer tenures tend to steal more. Two reasons: They’ve likely advanced to a higher position and have earned supervisors’ trust. The more autonomy and authority an employee receives, the greater the fraud risk. Gender: Males commit only slightly more workplace fraud (53%) than females (47%). But when they steal, men take nearly three times more than women. Age: Nearly half of perpetrators of workplace fraud are over age 40. And older employees, typically because of their rank, collect more in their scams. Background: Workplace scam artists typically don’t have criminal backgrounds (83%), but they do feel underpaid and unhappy on the job. About one-third of all fraud is committed by a team of two or more employees.

Most common schemes More than two-thirds of all occupational fraud involves some form of fraudulent disburse-

1. Billing schemes. Employee submits invoices for fake goods, inflates invoices or submits invoices for personal items.

3. Expense reimbursement schemes. Employee makes claim for fake or inflated business expenses. 4. Check tampering. Employee forges, alters or steals a company check. 5. Register schemes. Employee makes false entries on a cash register to conceal stealing cash.

Preventing in-house theft: A 7-question self-audit 1. Is all incoming merchandise checked against purchase orders and invoices? 2. Are all storage rooms locked? If so, are keys restricted to only a few designated employees? 3. Does someone supervise employees when they receive supplies? 4. Is access to each part of your plant or office restricted to employees who have a reason to be there? 5. Do you spread responsibility for major transactions so one employee doesn’t control them? 6. Are employees in “sensitive” jobs asked to lock their desks and files when they’re away from their offices? 7. Are visitors always escorted to the person they’ve come to see?

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How to master the art of effective delegating

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o any of the following statements sound familiar to you?

• “If I don’t do it, it won’t get done correctly.” • “I can do it better (or faster) than anyone on my staff.” • “My employees are already so busy.” All of them indicate that a manager is struggling to overcome the roadblocks to becoming an effective delegator. (To find out whether you’re an effective delegator, take the quiz on the next page.)

Ready, willing and able? Effective delegation starts by asking yourself: Are my employees ready and able to take on the work I assign? Take a close look at the strengths and weaknesses of your staff, the work to be done and your managerial ability. You need to have enough confidence in people to let them do what they need to get the job done. For delegation to work, you must match the skills and talents of your subordinates with the jobs to be done. This means evaluating their readiness to handle additional responsibilities. In some cases, you may find no one who is ready to take on a task. Then you have to decide whether you’ll continue indefinitely doing the task yourself or train or perhaps hire an employee to eventually take it over. Before you assign more duties to employees, make sure you understand the scope of their current duties. The fastest way to demo tivate employees is to dump more and more responsibility on them until they fail or leave.

Evaluate strengths, weaknesses The checklist below can help you analyze each worker’s strengths and weaknesses. Once you’ve completed a checklist for each

employee, you face a key decision: Is this person ready to take on additional responsibility? If so, what tasks can he or she take on? If an employee doesn’t have all the skills yet, consider training. Delegating is an excellent way to help your staff develop new competencies. Weigh the risks and rewards of assigning a project to someone who might not be quite ready. The bottom line: Give people assignments they can handle, but also delegate to them projects that they don’t know how to do yet but should learn. And pick the best person for the job, not just a “gut-level” choice. Some managers involve employees in these decisions. Example: Say, “I want you to be successful. I want to give you a new responsibility, but I want your highest performance. Which of these three tasks would be playing to your strengths and would contribute to a successful outcome for both of us?”

Checklist: Employee strengths/weaknesses Name________________________________ Skill/Talent

Strength Weakness

Organizing skills

____

____

Customer service

____

____

Problem-solving ability ____

____

Technical knowledge

____

____

Research skills

____

____

Leadership ability

____

____

Team building

____

____

Respect within the organization

____

____

Works well on own

____

____

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Final tip: Every manager has “workhorses.” Be careful not to delegate all key projects only to your workhorses. That can burn them out with too much work and not give other people a chance to prove themselves.

Which tasks to delegate Routine, repetitive tasks are time-consuming but necessary and the easiest to delegate. You know how to do them well, so you can explain them quickly and clearly. Jobs requiring special expertise or demanding extensive research. Move such tasks to the right person with the right skills. Pet projects. Give up tasks that you love, but don’t realistically have time to do and can easily be parceled out.

Which tasks to retain Crisis situations. Never delegate total responsibility for handling a crisis. That calls for hands-on action from a manager. Personnel matters. Tempting as it may be, you shouldn’t delegate evaluations, promotions or pay issues. Symbolic acts. Be there to give the kudos at staff meetings, eat the birthday cake or congratulate the bride. Delegating those tasks to others will come across as being uncaring.

Self-quiz: Do you delegate enough? 1. Are you often the last, or among the last, to leave the office? 2. Is your in-basket constantly overflowing? 3. Do you hesitate to accept other people’s ideas? 4. Do you feel so bogged down with details that you don’t have time to focus on important concerns? 5. Do you often take work home? 6. Do you have more followers than initiators on your staff? 7. Do you give overly detailed instructions? 8. Are you constantly checking email to see if employees have sent updates on their progress? More than four “yes” replies indicate that you should take a second look at how readily and effectively you delegate.

Work requiring your personal stamp. You may have received a particular assignment because of your expertise or position in the organization. So you’re expected to handle the task personally.

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Memo to Managers Re: Managing Difficult Situations

6 steps for managing ‘difficult’ employees

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orking alongside difficult people can be hard enough. But managing someone with whom you have a personality clash can cause major tension. Experienced managers know how to separate emotions from the work at hand when dealing with employees. Rather than dwelling on an employee’s negative personality traits, smart managers focus on tasks, projects and results. They don’t allow their personal feelings to interfere, and they treat everyone the same way. But in too many cases, managers simply turn away from their least favorite employees. Rather than interacting with them, they avoid them. What’s worse, managers may just write off the problem employees and do the employees’ jobs themselves.

Turning your back on difficult employees isn’t just a management mistake—it can also create legal trouble. That’s because employees who frequently bump heads with management are also the ones most likely to file lawsuits when they feel they’re being treated unfairly. That’s why, when confronted with employees who don’t do what’s asked, it’s advisable to devise a strategy for making the best of a potentially explosive situation. Although it may be hard to transform a difficult employee into a warm, friendly ally, you can take the following steps to make it easier for the employee to comply: 1. Confront problems head-on. If you don’t like an employee, that person probably feels the same way about you. By clearing the air and calmly acknowledging any ill will, you

Self-test: Gaining compliance from stubborn employees For each statement, rate your answers from 1 to 5 using this scale: 1 = never, 2 = occasionally, 3 = sometimes, 4 = usually, 5 = always

without injecting any personal comments. 6. When I ask my least favorite employee to do something, I always explain the overall goal first and allow him or her to suggest options.

1. When I ask my least favorite employee to do something, I don’t mind if the employee doesn’t “get it” the first time. I’m willing to repeat myself in a patient tone.

7. I’m comfortable telling an employee exactly how his or her behavior is creating a problem, and I do so in a tactful manner.

2. When I give instructions, I allow employees to ask questions and express any reservations about the task.

SCORE CARD:

3. My personal dislike of an employee doesn’t influence how I communicate when I assign a task. 4. Whenever I give instructions, I plan what I’m going to say. 5. When I ask my least favorite employee to do something, I stick to describing the task,

29 to 35: You’re a wise leader who likely has little trouble gaining compliance from even the most stubborn employees. 24 to 28: You need to exercise more patience and put your personal views aside when interacting with troublemakers on staff. Below 23: You may be falling into the trap of allowing certain employees’ negative personalities to rub off on you.

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can help the employee focus on getting the job done. To level with the person, use phrases such as this: “When I ask you to do something, I need to rely on you. I realize we’re very different people, but we can’t let that stop us from doing our jobs.” 2. Seek confirmation. When giving instructions, don’t assume you’re making yourself clear. Ask the employee to explain what you just said and what you expect of him or her. 3. Rehearse. Making simple requests is painless. But if you must explain something more complicated, don’t wing it. You may waste time backtracking or jumbling words. As you rehearse, use the fewest words possible to describe your goal. Boil down the expected outcome to its essential. Once you find a concise way to summarize the outcome you want, write it down and memorize the key phrase that captures the main point. 4. Speak and write. To ensure the employee understands you, assign tasks both orally and in print. Get in the habit of talking with that person and telling him or her what you

need. Let the employee ask questions and offer suggestions. Then, follow up soon after the discussion with an email or memo that summarizes what’s expected, along with the timetable for the project. 5. Stick to behavior. When managing someone with an attitude problem, don’t let the person’s personality interfere with the job at hand. Focus on describing the work that you need done. Avoid lacing your comments with any quips or cynical asides about the person’s spotty track record on complying with your past requests. What you may view as a harmless jab (“Maybe you’ll hit the deadline this time”) may make the employee even more jaded and resistant to help. 6. Talk on the employee’s turf. If you have a personality conflict with a certain employee, the last thing you should do is make him or her feel “bossed around” when you are assigning a task. A practical way to encourage such employees to comply is to meet in their offices, not yours. Calling employees into your office to assign a task could instantly put them on the defensive.

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Negotiating workplace conflicts: 9 tips for managers

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onflict happens in all corners of the workplace. But if issues aren’t settled, bad things can happen: Good people quit, morale can plummet, and sometimes violence can erupt.

When you can identify the impediment, then you can predict how the person will respond to certain ideas, and you can shape negotiations accordingly.

But supervisors and managers don’t need to become certified mediators to settle disputes. You just need to understand some basics about human behavior, practice the fine art of paying attention and offer yourself as a neutral party who wants to resolve the problem.

4. Learn to “read minds.” Mind-reading is not magic. It is a combination of observation and intuition, which is born of experience. You can learn a lot about how the parties see a dispute by paying attention to body language and listening closely not only to their words but also to the emotional tone behind their words.

Here are nine insights and tricks of the trade, according to Jeffrey Krivis’s book, Improvisational Negotiation: 1. Let people tell their story. When people are deeply upset about something, they need to get their story out. This is a basic principle of mediation and one that’s important to remember. Yes, allowing people to speak their minds can increase the level of conflict with which you must deal. That’s OK. You have to get through the conflict phase to find the solution. Sometimes, feeling that he or she is finally “been heard” can dramatically change an angry person’s outlook. Plus, as the employee tells the story, new information may come to light that allows a solution to emerge naturally. 2. Bring a reality check to the table. Often in a conflict, the parties are so focused on minutiae that they lose sight of the big picture and its implications. As the mediator, you need to bring people back to reality by wrenching their attention away from the grain of sand and having them focus on the whole beach. Doing so may help resolution arrive at a startling speed. 3. Identify the true impediment. In every conflict, ask yourself: What is the true motivating factor here? What is really keeping this person from agreeing to a solution?

5. Think creatively about ways people can cooperate rather than clash. In every negotiation, there’s a tension between the desire to compete and the desire to cooperate. Be on the lookout for signals that support a cooperative environment. That’s where the most creative solutions are born. 6. Take the spotlight off someone who’s refusing to budge. Isolation tends to create movement. When you mediate a multiparty conflict, you’ll often discover that one person insists on taking a hard-line approach, refusing to compromise and shooting down every solution presented. Suggestion: Take the attention off the “last man (or woman) standing” and begin settling around that person. You’ll find that the holdout starts to anxiously call and send emails, trying to get things going again. When his or her perceived power is neutralized, the balky negotiator quickly sees the value of compromise. 7. “Edit the script” to help people see their situation in a different light. People tend to get stuck in their positions because they’re telling what happened from a narrow viewpoint and in a negative, hopeless tone. They can’t see the situation any other way unless you help them do so.

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As the mediator, you can take a larger view that looks not at one party or the other “winning” but at both parties working toward a mutual goal. One way to do that is to edit their script. Retell their story about the dispute in a positive, forward-looking construction.

Don’t rush the dance or the negotiation will fail.

In that way, you literally give them the words to see their options in a new light.

9. Realize that every conflict can’t be solved. What if you’ve tried to help two warring factions find a fair solution, but you just can’t reach that elusive goal? That can happen—and often does. Not every negotiation will have a win/win outcome. Not everyone can live together in harmony.

8. Avoid the “winner’s curse” by carefully pacing negotiations. Believe it or not, it’s possible to reach a solution too quickly. We all have an inner clock that lets us know how long a negotiation should take. When a deal seems too easy, a kind of buyer’s remorse can set in. One or both parties may be left feeling that if things had moved more slowly, they might have cut a better deal.

Even when you know you can wrap up things quickly, it’s to everyone’s advantage to keep the negotiation proceeding normally, for a reasonable amount of time, before the inevitable settlement.

There are times when you just have to accept that both parties will leave the table equally unhappy. Isolate the participants if possible, and just move on.

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Identify employees with substance-abuse problems

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hances are, at least one employee you know suffers from a drug or alcohol problem. In fact, according to the National Institute on Drug Abuse, 6 million people regularly show up for work while under the influence. If you suspect one of your employees has a problem, don’t immediately confront the employee or insist that he or she seek treatment. Instead, follow these steps: 1. Don’t try to diagnose the employee. Instead, focus on documenting on-the-job performance problems. That lowers the organization’s risk of wrongful-termination lawsuits and other legal problems.

2. Ask for advice from HR. They’ll be able to tell you what type of counseling and treatment services are available for the employee, either through the organization’s insurance plan or its employee assistance program (EAP).

3. Discuss the performance issues with the employee. Set specific consequences for what will happen if performance and conduct issues aren’t cleared up. Without making specific accusations, let the employee know what resources are available (counseling, EAP, local resources). Avoid moralizing or accusations about possible substance abuse. 4. If the situation continues, meet with the employee again to review the performance issues and remind him or her about available resources. Don’t link treatment with continued employment. 5. Use drug testing cautiously with input from HR. Ideally, the organization should have a written policy regarding drug use in place beforehand. 6. Act as a role model. As manager, your own actions speak volumes about what will be tolerated.

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How to cope with seriously ill employees

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t’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Deadlines remain, customers need service, and paperwork piles up. That means you must deal with two major management challenges at once: understanding and appreciating the emotions of the employee and other co-workers, while making sure that the necessary work gets done. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potentially legal liability problems. The key is balance: You must consider the sick employee’s needs and wishes while devising strategies to maintain the work routine.

1. Avoid laissez-faire management. Now is not the time to withdraw from the employee and play a hands-off role. If you’re uncomfortable with the news of a sick employee, you may decide it’s easier to avoid talking about it. Instead, turn up your listening skills when talking with the ill employee. Serve as a sensitive, patient sounding board. An employee who wants to continue working may resent your avoidance. Say, “I want to offer whatever help I can for you. Let me know what I can do, and I promise to do my best.” Then, make yourself accessible.

First priority: Provide support

2. Consider the precedent-setting nature of accommodation decisions. Key decisions will need to be made about whether you need to reassign work and what kind of accommodations and extra benefits to offer.

When an employee tells you he or she is seriously ill, your immediate response should be to provide support. Express your overriding concern about the person’s well-being.

Don’t rush into those decisions on your own. They could become a precedent that the organization will have to follow with other employees in the future.

Resist the urge to dispense advice. Don’t play doctor or offer prescriptive solutions, such as “It’s probably best not to exert yourself right now.” Such advice could come back to haunt the organization if the employee ever voices a legal claim, such as an ADA lawsuit.

For that reason, it’s important to talk with HR about the potential legal implications before making any accommodation decisions regarding seriously ill employees.

Another no-no: Don’t try to instinctively make things better by saying, “I’m sure this won’t slow you down.” Rallying employees to fight a disease may backfire if all they want is some accommodation so they can continue to meet their duties. The ADA often requires such accommodations.

4 tips for managers Aside from trying to tell seriously ill employees how to treat their condition, here are some other tips for managers when handling these tough situations:

Example: If a star performer is about to undergo cancer treatment and periodically must miss long stretches of work, you may instinctively tell him or her she can work from home. But if other managers in the organization haven’t offered that same work-fromhome accommodation to other employees, your action could expose the organization to an ADA lawsuit from an employee who demands equal treatment. 3. Protect the employee’s confidentiality. In most cases, employees don’t need to provide exact details of their illness to management. For extended leaves, they’ll likely need to provide HR with a doctor’s certification.

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But in many cases, employees may want their co-workers to know what’s happening. Once you learn of the employee’s illness, ask his or her permission to inform co-workers. Some co-workers will be concerned about the employee’s plight, but they may also harbor concerns about how they’ll manage the increased workload. To deal with the feelings, hold informal meetings to discuss with team members how it’s affecting them and how the workload and schedule need to be altered. 4. Choose a contact person. When employees miss a lot of work because of illness or injury, you can expect a lot of well-intentioned talk around the water cooler. The problem: Well-wishers can gossip to the point where they fall behind in their work. Even worse, the talk can lead to false rumors and confidentiality breaches. To prevent this, select a central contact person who agrees to relay updates on how the employee is progressing. Ideally, this person should be on friendly terms with the employee and be willing to check on the employee regularly. Bottom line: By combining sincere support and understanding the need to maintain work productivity, managers can successfully help an employee and other staff cope with a serious illness.

Don’t treat returning workers with kid gloves When an employee returns to work after an illness or injury, don’t automatically assume the employee can’t do his or her job at full capacity. Treat returning employees the same as others unless they request an accommodation. Reason: The ADA entitles disabled people to job accommodations. Employees are protected under the ADA if their ailment rises to the ADA’s definition of a true disability. But, in some cases, if a supervisor treats the employee’s condition as if it were a disability, the employee can earn ADA protection, too, regardless of whether the person truly has a disability. Case in point: An employee recovering from a pulmonary embolism wanted to bring a small oxygen tank to work. Her manager refused and asked her to go on disability leave, saying he didn’t want to be responsible if she “fell over dead” at work. She filed an ADA lawsuit and won. The employee wasn’t technically “disabled” under the ADA, but because the company treated her like she was, the employee earned her job back, plus back pay.

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What to do when an employee is too friendly

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verly friendly staff members can pose a real dilemma for managers. How can you keep a professional distance and avoid the appearance of favoritism, yet still make sure that you don’t alienate the employee? Here are some tips that can help: Be direct. Many managers are simply too polite. They nod and smile while the staffer continues to shoot the breeze. Instead, let him or her know if you can’t talk right now. Check your watch and say, “You need to work, and so do I.” A direct appeal, delivered in a pleasant, nonthreatening tone, can put a cap on too much chatter.

Politely ignore them. One manager who was interrupted constantly by an overfriendly staffer found this solution: “Instead of instantly acknowledging this staffer when he strolls by or stands next to me, I keep doing whatever it is I’m doing,” the manager says. The result: “He’s getting the message that he can’t chat with me any time he wants.” Use your presence as a reward. Assign tasks to these workers via email or memos. Once the work is satisfactorily completed, visit in person to thank them and praise them for their efforts. Harness their friendliness. Assign them jobs that require good interpersonal skills.

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Prevent ‘cubicle rage’: 6 ways to calm angry staff

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ou are at the front lines when confronting angry employees; you typically have to deal with their raw rage. So, how can you handle angry employees’ complaints without adding more stress to your day or opening the organization to legal liability? Use the following “Six A’s” to deflect employee anger: 1. Abstain from interrupting. Let the other person have his or her say. Eventually, the employee has to take a breath, which helps you move to the second step. 2. Agree to the extent that you can. You don’t have to agree on who’s right and who’s wrong, but you can agree that a problem exists or at least that the person is upset. Examples: “I can see that you’re upset,” “You sound angry about what’s happened.”

4. Apologize to the extent that you can. Know the difference between accepting responsibility and offering a sincere but blame-free apology. For example, it’s not your fault that the company’s health insurance plan denied the employee’s claim, but you can still express your regret. Example: “I’m sorry that happened to you.” 5. Act within your authority. If you can solve the problem, promise that you will— and follow through. In other situations, you may not have the power to change anything. But you can offer your understanding and forward the complaint (or direct the employee) to the appropriate person in the organization.

3. Acknowledge the problem. Even if you think the person is overreacting, it’s important to validate his or her perception of the situation.

6. Assess the outcome. Take time later to reflect on the confrontation. Was the person calmer when you finished, or more upset? What did you say or do that helped the situation or made matters worse?

Show your empathy and concern by saying, “I can understand why you’re upset” or “I would be angry, too, if that happened to me.”

Reflecting on your words, actions and outcomes will help you be more effective next time.

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Help employees through the grieving process

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he death of a loved one affects more than just the people who suffer the loss; it also affects the organizations where they work. The Grief Recovery Institute estimates that employees’ grief costs companies $37.5 billion a year in lost productivity. Here’s what a survey of newly bereaved employees found: • 90% said they experienced difficulty concentrating at work. • 85% said their workplace decision-making ability had suffered. • 90% in physical jobs reported a higher incidence of on-the-job injuries. • 80% characterized their interactions with co-workers right after the loss as “fair” or “poor.” When employees are grieving, your actions in the aftermath of loss can make a huge difference in helping them regain their footing in the workplace and their personal life.

5 steps for managers Here are five steps every manager should take when an employee loses a loved one: 1. Recognize that every person reacts differently and recovers at various speeds. Grief may show itself as shock, denial, anger, guilt, anxiety, exhaustion, inability to concentrate and overwhelming sadness. Don’t assume that someone who doesn’t show those signs isn’t grieving; some people try to hide it from others. 2. Contact or visit the employee as soon as possible after the death. Many bereaved

employees complain that their manager responded inadequately or inappropriately to their loss. While a demonstration of group sympathy such as sending flowers from the entire department is fine, you can go one step further and offer your personal condolences by sending a separate card, attending the funeral or calling. 3. Offer concrete and specific help. Newly bereaved people often feel overwhelmed. You can help by contacting HR for information about bereavement leave, benefit entitlements, medical claims or life insurance policy procedures. Pass along information about grief counseling that may be available through your organization’s health plan or employee assistance program. 4. Communicate. If you see that the employee is struggling after returning to work, ask what you can do to help ease the transition. Most important: Be willing to listen. 5. Be flexible. Some employees will need more time off—even after weeks or months have passed—than your organization’s bereavement policy allows. Others may have trouble carrying their full job responsibilities. Discuss options such as temporarily redistributing assignments or job responsibilities with the employee, but don’t push too hard. On the other hand, remember that some employees may return to work too quickly in an effort to avoid dealing with their grief. As a result, they may show delayed reactions months later.

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Responding to employee rants: 4 do’s and don’ts

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iscipline and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. As a manager, you never know how employees will respond to discipline or firings. But you need to be prepared for anything—including employees who “let it all out” in long, loud rants. Rants are unpredictable. Some employees simply vent, cry or complain without pouring their scorn on management. But other employees scream, insult, curse, threaten—or even get physical. In either case, it’s wise to follow these four do’s and don’ts to defuse rants and avoid lawsuits:

1. Do listen Avoid arguing with the employee, becoming defensive or taking the rant personally. Let the person speak his or her piece. Don’t interrupt or try to silence the employee— that can strip away the person’s dignity. This is especially important in termination meetings. Experts say that fired employees who don’t feel they were heard or who feel a loss of dignity are more likely to file lawsuits.

Notes are important because an angry employee may say something that contradicts a lawsuit he or she files later. Or the employee may neglect to complain about something that later serves as a basis for a lawsuit.

3. Don’t ignore complaints that could be the basis of a lawsuit For example, somewhere in the middle of her tirade, the employee drops this bomb: “My supervisor is a sexist pig,” and then she continues yelling about something else. A court could say that such a comment served as official “notice” of potential sexual harassment, and therefore the organization must investigate. In such a case, calmly say, “Tell me about your supervisor.” Then report the complaint to HR. Also inform HR if the employee doesn’t want to further explain the complaint about the supervisor. Key point: Don’t assume that claims of harassment or discrimination from ranting employees are false and result only from their anger. An employer has the same responsibility to investigate, regardless of the employee’s tone.

2. Do document the rant

4. Don’t tolerate threats

It’s best to have a witness (another manager or HR rep) in any meeting that could turn confrontational. Then, take notes right afterward. Make a written record of any insulting words, facial expressions, hand gestures, mood, voice volume and tone.

If the employee becomes verbally abusive or even hints at physical violence, leave the room and call for help to escort the person off the premises. Write down exactly what happened and how it made you feel, especially if you felt fear.

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Worried about a new hire? 7 ‘salvage operation’ tips

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ost managers have faced this dilemma at least once in their careers: A candidate looks great on paper and gives a knockout interview; but two weeks into the new job, you’re less than enthused. The new employee doesn’t show that same initiative or smarts that you thought you saw in the interview. You now have a choice: Cut your losses or run a salvage operation. If you ultimately decide that the employee definitely isn’t right for the job, do both of you a favor and cut the ties soon (after discussing the matter with HR). But maybe the employee shows promise and you’re not ready to give up just yet. If that’s the case, here are some tips and points to consider in running this salvage operation: 1. Rethink your expectations. Is the employee really wrong for the job? Maybe your expectations were too high. If the person wowed you in the interview, maybe you expected instant miracles. If so, re-examine your thinking. 2. Is it a matter of style? People often confuse style and substance. Perhaps it’s the way the employee operates—rather than what he or she delivers—that’s giving you heartburn. If so, having a heart-to-heart talk about your corporate culture and what you deem acceptable may resolve the problem. 3. Ratchet up the training. When new hires don’t fit, they may not understand enough about how the organization operates or what they’re expected to do. Their failure may be one of asking too few questions, not an inability to do the job. Consider an investment in additional training. 4. Create a buddy system. Having a sounding board or mentor is a critical help in navigating a new job. Consider pairing up the new

hire with someone whose counsel he or she can seek. 5. Ensure clear expectations. Does the employee really know what you expect? You may have run through the job description on Day 1, but that may have been a blur to the employee. Sit down and clarify in more detail what’s expected in terms of quality and quantity of work, plus behavior. 6. Manage more closely. New employees in trouble can’t be given the same degree of autonomy and trust as high achievers who meet every expectation. For the salvage operation to work, frequent meetings detailing projects, deadlines and checkpoints will be crucial. 7. Consider an internal transfer. If you believe the employee can still be productive yet you are unhappy with the match, explore whether there’s another place in the organization where the person’s style and skills will be a better fit. Final tips: When new hires go off-track so quickly, review the recruiting/hiring/training process with HR to see where it went wrong. Unless you can identify where the disconnect occurred—elevated expectations, vague interview questions, eagerness to be done with the hiring process, etc.—it’ll be easy to make the same mistake in the future. Also, consider whether anyone made promises of long-term employment during the interview process that could come back to haunt the organization. Does the employee have a contract (even an implied one) or bring along any key contacts from his past job that you can’t afford to lose? These are topics to discuss with HR before cutting the worker loose.

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Memo to Managers Re: Terminations

What to ask employees during exit interviews

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nowing why employees leave is crucial to finding the cause for turnover. And exit interviews can be a great tool to obtain that feedback. Use these tips to make the most of those meetings: Schedule it in advance. This sends the message that you take the exit interview seriously. Don’t squeeze it in as the employee is cleaning out his or her desk. Steer clear of personal questions that are illegal to ask in job interviews, such as “Are you married now?” If a departing employee later reapplied and you decided not to rehire him or her, the person could claim that those personal questions made you biased. Treat any mention of harassment or discrimination the same as you would any similar complaint by another worker. Federal law requires employers to investigate any claims

of improper behavior, even if the victim has left the company. Keep good records of what you hear in exit interviews. Take notes on the employee’s actual comments, not your interpretations. Use quotation marks to signify an employee’s exact words. Be clear and precise. Imagine a jury reading the notes (which could happen). Don’t tape the exit interview—that would make the employee nervous. Realize that confidentiality doesn’t flow both ways during an exit interview. While you can, and should, tell employees that you won’t share their comments with other employees, the employee is under no obligation to do the same. So don’t bad-mouth other employees or make empty statements like “We’ve had a lot of complaints about your boss.” Finally, don’t make promises like “We’ll give you a great recommendation.” That statement could come back to haunt you.

11 effective, legal questions Here are some questions to help you design your own exit interview template: 1. What factors led you to accept a job with us? 2. Have your feelings changed since then? 3. How would you describe the level of training you received here? 4. How would you rate your job performance here? 5. How would you rate the following aspects of your employment here? (List items such as pay, benefits, work environment and performance reviews, alongside a rating chart of excellent, good, fair and poor.)

6. What did you enjoy about working here? 7. How would you rate your supervisor in the following areas? (List items such as fair- ness, recognition, follows policy, encourages feedback, communicates effectively and knows how to do his/her job, alongside a rating chart.) 8. If you returned to our organization, would you like to work for the same supervisor? 9. Are you leaving for a similar job? 10. What role does salary play in your decision? 11. What could we have done to prevent you from leaving?

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Choose ‘firing words’ carefully; stick to performance

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mployees will undoubtedly leave their termination meeting in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit. The goal: Briefly deliver the news by summarizing the well-documented, job-related reasons for the termination. That way, while the employee may not like it, he or she will have little to dispute. Allow the person to offer his or her side of the story—and even vent a little emotion— without interruption. Also, avoid using any harsh words during termination meetings that would serve only

to inflame the issue. Stick to the facts; don’t make generalizing statements. Case in point: During his termination meeting, an employee repeatedly asked why he was being fired. Finally, the employee was told that it was due to his “criminal lifestyle.” That phrase angered the employee, causing him to run out and sue for defamation. The Florida appeals court tossed out the lawsuit, saying that managers who are simply responding to “Why was I fired?” questioning shouldn’t be placed on the hook for defamatory claims. (Charles v. State Department of Children and Families) While the employer in that case won on a legal technicality, it had to spend big bucks defending the lawsuit in court. The manager

Legally smart terminations: 5 tips 1. Avoid surprises. When supervisors document poor performance and give regular feedback, firings shouldn’t take anyone by surprise. That will help prevent lawsuits, and if the organization ever does suffers an employee lawsuit, that documentation can prove to a court that the firing was justified. 2. Keep your cool. Never holler “You’re fired!” or berate terminated employees. Remain calm. If employees ask for reasons, stick to concrete, documented productivity facts. 3. Don’t be too kind. If an employee’s work was substandard, say it. Don’t offer compliments to soften the blow. Doing so will only infuriate the employee because it will appear that the firing is without cause, which can spark a wrongful-termination lawsuit. 4. Play by the rules. Follow the organization’s established discipline policy, and don’t stray from your past practices.

Employers have the right to divert from their discipline policies and fire employees immediately if those employees engage in serious misconduct. But before skipping progressive discipline, verify the facts and discuss the issue with HR. It’s not enough to act on rumors of wrong doing. Employers must conduct a thorough investigation and ask employees for their side. 5. Keep it private and quiet. Discharge employees in closed-door meetings and have HR present. If you must escort an employee from the premises, don’t call attention to it by marching him or her through a busy office. Don’t discuss your reasons with other employees. It’s enough to say, “Elaine will not be working with us anymore.” Some supervisors who have spoken too freely about the reasons for a firing have found themselves in court defending a “defamation of character” lawsuit.

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could have completely prevented the lawsuit by simply answering the employee with a less caustic and more job-specific answer, such

as “Your recent record of convictions gives us reason to doubt your trustworthiness, which is essential for your position.”

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4 lousy excuses for not firing a poor performer

S

omewhere along the line, you will encounter poor-performing employees who whine, assign blame, watch the clock or drag down morale. These types might improve with counseling, but the odds are they won’t. Why, then, might you hesitate to fire such people? Here are four lousy excuses for not imposing proper discipline: 1. “I need him.” The poor performer has an indispensable talent or connection you don’t want to lose.

Solution: If you find yourself in that position, be realistic. Poor performers, regardless of their unique skills, never justify their costs. Usually, you can replace them with other talented people who won’t be problem employees. 2. “That would be punishing her.” When employees are counseled on their performance problems but fail to improve and are

terminated, some managers think they are playing the heavy. Not so. Solution: Don’t confuse discipline with punishment. If you’ve given the person appropriate feedback throughout, you’ve done all you could to salvage the employee. 3. “I feel sorry for him.” If you discover the employee’s performance problem is due to a personal matter, you may feel bad about adding the issue of job security. Solution: Rather than console the employee, do something. Refer him to an appropriate resource to get the help he needs. 4. “It’s my fault.” Some managers believe the employee’s failure to do a good job reflects poorly on their own ability to hire good people or supervise them. Solution: The sooner you come to grips with the situation, the better. Level with your boss and HR about the problem. Review the steps you’ve taken. Don’t take it personally.

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Keep workers productive after their two weeks’ notice

“I

’m giving my two weeks’ notice.” For managers, that sentence is one of the most painful to hear, especially when the speaker is a longtime, valued employee.

tions. If you have an in-house replacement, include that person in the meeting and discuss how to start the training and transition immediately.

Replacing that person may be hard. But here’s a more urgent problem you could face: Short-timers may tune out long before they walk out. And the last thing your department needs is an employee who leaves the job mentally and coasts lazily through the final weeks.

Ask the employee to be available for questions from the replacement (by phone) for a limited period after his or her exit. Say, “Helping to train your replacement will allow us to maintain productivity after you’re gone.”

When employees sleepwalk through their final two weeks, it sets a bad tone for the rest of the workforce. That’s why it’s important for supervisors to send the message that they expect continued high productivity right until the end. Also, don’t take for granted that longtime top performers will remain productive during their last days. Even accomplished employees may consider this final chapter as deserved downtime—a reward for their years. Here are five ways to get the most out of employees right up until the buzzer sounds:

1. Create a transition plan immediately If you’ll be hiring a replacement, draft a plan that divides up work among remaining staffers until that replacement can be hired. If you have an in-house successor lined up, craft a training and transition plan for that person. Both plans should include the status of unfinished work and deadlines for completing it. That helps employees realize that their contributions during the final two weeks are critical to meeting long-term deadlines.

2. Meet with the employee Review the transition plan with the departing employee, and explain your work expecta-

3. Explain the personal benefits of finishing strong Last impressions are sometimes the most important. Explain to the employee that working hard and helping in the transition allow the worker to leave on a good note, which will help when it comes time to give a reference.

4. Increase overall leadership and responsibility Develop ways for employees to pass on their knowledge and skills before leaving. Ask them to assist co-workers with projects and answer any questions. Appeal to employees’ pride by saying things like “Your co-workers admire your knowledge and leadership, and they can benefit from it until you leave.”

5. Solicit insights on your department Employees will be more open to talk when they’re on their way out. Benefit from the employee’s experience by soliciting candid suggestions that can make your department and organization more efficient. Ask the departing employee: “What have you learned about your position that could make it more productive in the future?”

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Steer clear of these 7 red flags before you terminate

B

efore firing anyone, ask yourself the following seven questions. If you answer “Yes” to any, your risk of sparking a lawsuit greatly increases. That’s why it’s best to contact your HR department before proceeding with a termination. Question

Yes No

1. Is the employee over age 40?

2. Is the employee disabled in any way?

3. Has the employee been injured on the job or filed a workers’ comp claim?

Question 4. Is the employee a minority or a woman with any conceivable discrimination claim?

Yes No

5. Is the employee able to claim any discrimination based on religion, national origin, ethnicity, sexual preference or other grounds?

6. Has the employee been involved in a sexual harassment dispute?

7. Has the worker been a whistle-blower?

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HR Memos to Managers

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